LAWS(APH)-1969-3-15

VALLABHANENI RANGAPPA NAIDU Vs. UPPULURI VENKATA LAKSHMAMMA AND OTHERS

Decided On March 17, 1969
Vallabhaneni Rangappa Naidu Appellant
V/S
Uppuluri Venkata Lakshmamma And Others Respondents

JUDGEMENT

(1.) These three appeals arise out of three suits. O.S. 226 of 1956 relates to two items and consists of a total extent of Ac. 16-62 cents. O.S. No. 271 of 1956 comprises of three items, the total extent of which is Ac. 9-58 cents. O.S. No. 281 of 1956 comprises of four items and the total extent is Ac. 15-10 cents. These three suits relate to the lands situate in the Village of Gollapalli, which was a Shrotriam village, and it is also called Chiruvella Khandriga. The plaintiffs in these suits are different. There are two defendants in each of the suits, of whom one defendant is common viz. Vallabhaneni Rangappa Naidu who was the land-holder. He is the 1st defendant in the suits, O.S. Nos. 226 and 271 of 1956, and the 2nd defendant in O.S No. 281 of 1956. The suits were laid for declaration of title and occupancy rights in the lands described in the schedules attached to the plaints. They also asked for a permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiffs. In O.S. No. 271 of 1956, an additional prayer has been incorporated viz. return of some promissory notes said to have been executed by the plaintiffs in favour of the land-holder without consideration. The suits were filed on the basis that the lands were in an estate and that the plaintiffs were ryots cultivating the same and that they have acquired occupancy rights.

(2.) The principal defence raised in all the suits was that the village in question is not an estate, that the plaintiffs were not in possession of the lands nor they were admitted to the lands by the land-holders. They have therefore not acquitted occupancy rights.

(3.) The trial Court after framing proper issues and recording the evidence adduced by the parties found all the issues in favour of the plaintiffs. The suits were therefore decreed as prayed for.