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1989 Supreme(AP) 255

A.RAMANUJULU NAIDU, S.S.M.QUADRI
Kosura Venkata Krishnaiah – Appellant
Versus
Molakala Sidda Reddy – Respondent


SYED SHAH MOHAMMED QUADRI, J, J.

( 1 ) THESE second appeals are referred to a Division Bench by our learned brother, Upendralal Waghray, J. on the questions whether the civil court can go into the correctness of determination of the nature of the land under Section 11 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short the Act ) by the Assistant settlement Officer and whether any finality is attached to such a decision of the Assistant Settlement Officer, so they are posted before us.

( 2 ) THE facts giving rise to these questions may briefly be narrated here. S. A. No. 458/84 is filed by the plaintiff in O. S. No. 1212/79 on the file of the District Munsif, Nellore, who filed the suit for permanent injunction claiming to be the owner of the land bearing S No. 422/4 of Manobolu village. On August 23, 1962 the Tahsildaf, Nellore granted patta (Ex. A-1) of the land in question to the plaintiff on the ground of the land being Government Poramboke. While the suit was pending, the Settlement officer granted patta to the defendants under Section 11 (a) of the Act. Against the order of the Settlement Officer granting patta, the plainti












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