- (1.) The sole appellant died during the pendency of the appeal in this Court. There is an application for transposing Respondent No. 4 who was a co-defendant in appeal as appellant. Since there is a no conflicting interest between the deceased and Respondent No. 4, the prayer is allowed and transposition is ordered.
(2.) On the merit of the matter, the dispute was as to whether the Civil Court has jurisdiction to decide a dispute arising under section 56 of the Andhra Pradesh (Andhra Region) Estates (Abolition and Conversion into Ryotwari) Act, 1948. The Andhra Pradesh High Court later differed from the view taken in the impugned judgment and the later view has been affirmed by this Court in Badri Nath & Anr. v. Mst. Punna (Dead) by Lrs. & Ors., (1979 (3) SCR 209) . That view has been followed by another judgment in the case of Oduru Chenchulakshmamma & Anr. v. Duyvuru Subramany Reddy, (1980(1) SCR 1006) . In that view of the matter, this appeal has to be allowed and the impugned order of the High Court will have to be set aside.
(3.) Liberty is given to the respondents to approach the appropriate Tribunal for such relief as may be admissible to them. No costs.;