B. S. A. SWAMY, J.

( 1 ) THIS appeal arises out of the judgment and decree passed in os No. 8 of 1979 dated 6-2-1980 on the file of the District Court, at Visakhapatnam.

( 2 ) THE plaintiff is the appellant before this Court and the parties are referred to as they are arrayed in the suit.

( 3 ) THE plaintiff filed the above suit for declaration that the suit schedule land is not a communal poromboke but a ryoti land belonging to the plaintiff and consequently sought for a permanent injunction restraining the defendant/government from interfering with the possession and enjoyment of the plaint schedule land by the plaintiff, for recovery of Rs. 76,608. 00 being the penalty and paid interest as per memo, for subsequent interest, for costs and such other reliefs which the Honourable Court deems fit and proper in the circumstances of the case.

( 4 ) THE case of the plaintiff is that the plaint schedule land is situated in Vada cheepurpally village, Anakepalli taluk, visakhapatnam District, which forms part of Cheepurpally Estate. The estate holder granted patta No. 98 in favour of one R. Gajapathi Rao and he was leasing out the properties to the tenants for the purpose of cultivation a

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