IMMANENI PANDURANGA RAO, J.

( 1 ) THE respondents herein filed 0 S No. 149 of 1977 on the file of the court of the Principal Subordinate Judge, kakinada for declaration of their title to the plaint schedule properties, for recovery of possession and mesne profits in respect of an extent of Ac 14. 63 cents in thimmapuram village of East Godavari district.

( 2 ) THE learned Subordinate Judge on a consideration of the oral and documentary evidence adduced before him, cam to the conclusion that the previous orders of the tribunals and the High court do not operate as resjudicata that the lands are ryoti lands as pleaded by the plaintiffs and that the civil court has jurisdiction to try the suit. Basing on those findings. , he held that the plaintiffs are entitled to declaration of their title to the suit lands, for possession thereof and also for mesne profits. He accordingly granted a decree for declaration of title and recovery of possession with a direction that the mesne profits shall be determined on a separate application filed for that purpose.

( 3 ) AGGRIEVED by that decision, the first defendant (State of Andhra Pradesh) filed A S No. 169 of 1981 and the second defendant-Harija

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