KONDURU RAMANA REDDY Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
KONDURU RAMANA REDDY
STATE OF ANDHRA PRADESH REPRESENTED
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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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