STATE OF ANDHRA PRADESH Vs. RAYI GANGAIAH
LAWS(APH)-1971-6-28
HIGH COURT OF ANDHRA PRADESH
Decided on June 21,1971

STATE OF ANDHRA PRADESH Appellant
VERSUS
RAYI GANGAIAH Respondents

JUDGEMENT

- (1.) The unsuccessful defendant, which is the State of Andhra Pradesh is the appellant in these second appeals. The respondent-plaintiffs filed the suits out of which these second appeals arise for declaration of their titles in respect of their respective areas and that they have perfected their titles by adverse possession. Their case is that these sites originally formed part of village site or Gramakantham in the village of the Yerajerla in the formar Zamindari estate of Venkatagiri. That estate was notified and abolished on 7.9.1949. In the subsequent settlement proceedings, these sites were included in Survey No. 292 and were shown as portions of the burial ground and cattle stand poramboke. The plaintiffs contended that the Government had no manner of right to do so, because even before the Abolition Act came into force, they had been in possession of the sites for more than 30 years and raised constructions therein. Under Section 21 of the Estates Land Act, they could not be evicted even by the communal land and after the Abolition Act they got rights to the property. Therefore, they are entitled to the relief sought.
(2.) The government contended that the entire land was right from the beginning a burial ground and cattle stand and the plaintiffs had no possession for 30 years before the Abolition Act.
(3.) The courts below concurrently found that these sites formed parts of village site; that the plaintiffs had been in possession of them for more than 30 years before the Abolition Act; that they had raised constructions and other buildings on the sites and that, therefore, they are entitled to the declaration of their title. The plaintiffs suits are accordingly decreed. The unsuccessful defendant has brought these second appeals.;


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