SRI RAJAH LAKSHMI NARASIMHA SANYASI RAJU PEDA BALIARSIMHULU Vs. STATE

JUDGEMENT

(1.) This is an application under Order XXIII Rule 3 C. P. C. filed by the appellant and the 1st respondent in A. S. No. 195 of 1958 on the file of this Court, to record a compromise entered into by them and pass a decree in accordance therewith. The appellant was the plaintiff in O. S. No. 112 of 1954 on the file of the Subordinate Judges Court, Srikakulam and the 1st respondent was the defendant therein. Respondents 2 to 5 in A. S. No. 195 of 1953 who purchased the suit property pendente lite and who were added as parties to the appeal by an order of this Court, object to the recording of the compromise and passing a decree in terms thereof on the ground that it is fraudulent and collusive and is intended to defeat their rights.

(2.) Before dealing with the rival contentions of the patties, the material facts which are undisputed may be set out in bare outline.

(3.) Sri Raja Lakshmi Narasimha Sanyasiraju Feda Baliar Simhulu (who will be referred to as the appellant) succeeded to the zamindari of Salur after his fathers death on 24-3-1940. As he was a minor at that time, the management of the estate was taken over by the Court of Wards. The suit lands were ryoti lands covered by patta No. 44 in Salur Zamindary. They consisted of wet lands of an extent of Ac. 12-26 cents and dry lands of an extent of Ac. 19-96 cents. The appellant was the landholder and the Omkaram people were the ryots of the suit lands. On the latter defaulting in the payment of rent, summary Suit No. 242 of 1943 was filed by the Court of Wards before the Special Deputy Collector, Vijayanagaram, for arrears of rent and a decree was obtained. In execution of that decree, the suit lands were sold on 22-4-1943. The Court of Wards on behalf of the appellant purchased those lands and delivery was taken on 21-4-1946. The Court of Wards was in possession of the suit lands from 21-4-1946 till 14-6-1947. On the latter date, the Court of Wards sold the leasehold interest In the suit lands in open auction. The highest bidder at the auction was one Kottu Jagannadha Rao (who will be referred to as the 1st respondent). His bid was for Rs. 700.00 per fasli. The lease was for three years, namely, for faslis 1357, 1358 and 1359. It was confirmed by the Court of Wards by an order dated 16-6-1947. The 1st respondent entered Into possession of the suit lands "on 14-6-1947 in pursuance of the said lease. He paid the rent for the first year but fell into arrears for the remaining two years. The Court of Wards issued a notice dated 18-8-1948 to the 1st respondent to which the latter gave a reply setting up occupancy rights in the suit lands. Thereupon the Court of Wards filed Summary Suit No. 65 of 1951 on the file of the Special Deputy Collector, Srikakulam for recovery of possession of the suit lands and for arrears of rent. During the pendency of the suit, Salur Estate was notified and taken over by the Government on 12-1-1959 under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari] Act, XXVI of 1948. On attaining majority, the appellant took over the management of these properties on 1-9-1952. S. S. No. 65 of 1951 was dismissed on 29-5-1953 on the ground that the estate had been taken over and the suit had abated.