Judgment

THAKKAR, J.-Res judicata is the point involved. The question is whether a decision rendered by an Assistant Settlement Officer in a previous proceeding, viz. a suo motu enquiry under Section 15 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act 26 of 1948 (Act) would operate as res judicata in a subsequent proceeding initiated by one of the rival claimants staking his claim as ryot under Section 56 of the Act. The scope of a proceeding under Section 15 on the one hand and one under Section 56 on the other must be comprehended. In a proceeding under Section 15 which is a suo motu proceeding the Settlement Officer can grant a patta if he is satisfied that the landholder is entitled to it. He can do no more than this. When there are two rival claimants for patta as ryots, the Act has designed a specific and special machinery to determine the issue. Any one of the persons claiming to be entitled to a patta as a ryot under the Act has to initiate a proceeding by an application in writing under Section 56 of the Act. Thereafter a regular proceeding under Section 56 of the Act and the relevant rules wherein evidence is adduced by the respecti