KONDURU RAMANA REDDY Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1972-12-12
HIGH COURT OF ANDHRA PRADESH
Decided on December 08,1972

KONDURU RAMANA REDDY Appellant
VERSUS
STATE OF ANDHRA PRADESH REPRESENTED Respondents

JUDGEMENT

Sriramulu, J. - (1.) 1. Plaintiffs in O.S No. 57 of 1967 on the file of the Subordinate Judge, Kavali, are the appellants before us. The material facts may briefly be stated Plaintiffs are the ryots holding lands in Somavarapadu village.
(2.) It is a whole Inam village and an "estate" as defined under the Madras Estates Land Act. For the recovery of quit rent payable by the present Inamdar, defendant No.2 in respect of the above village, the State Government, defendant No. 1. attached the said lands and the crops of the plaintiffs standing thereon. Defendant No. 1 is also trying to take proceedings under the Andhra Pradesh f Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act (No.37 of 1956) (hereinafter called the Inams Abolition Act) for division and apportionment of the plaintiffs lands as between them and the present Inamdar. defendant Not 2. Since Somavarapadu is not an Inam land but an "estate" as defined under the Madras Estates Land Act.the proceedings initiated against the plaintiffs, by defendant No. 1. are i'legal and without jurisdiction. With those averments, the plaintiffs filed 0. S. No. 57 of 1967 in the Court of the Subordinate Judge, Kavali for a declaration that the Inams Abolition Act was not applicable to the Somavarapadu village, and for the grant of a permanent injunction restraining the 1st defendant from attaching or selling their lands or the crops or other movables, for the recovery of the arrears of quit rent due from defendant No. 2.
(3.) The defendants stoutly opposed the suit. According to them, Somavarapadu was not an "estate." The Estates Abolition Tribunal held that the said village was not an "estate" and the same was confirmed by the High Court in Writ Petition No, 1252 of 1961. That decision operated as res judicata under Section 11 of the Civil Procedure Code. Having not raised an objection to the Notification fixing the assessment under the Inams Assessment Act of 1955, the plaintiffs are estopped from now raising any objection to the same. The Civil Court's jurisdiction to make an enquiry in this regard is barred under Sections 14 and 15 of the Inams Abolition Act.;


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