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1977 Supreme(AP) 18

A.SAMBASIVA RAO, S.MADHUSUDAN RAO
Rama Naidu – Appellant
Versus
Ramadas Naidu – Respondent


SAMBASIVA RAO, J.

( 1 ) THIS case demonstrates in a very telling manner how a decision changes the course of law as it had obtained, which affects the course of litigation and the rights and liabilities of the parties. The difficulty in this case which we shall presently refer to, arises on account of the decision of the Full Bench of this Court in Muttayya v. Gopala Krishnayya, (1973) 2 APLJ 209: (AIR 1974 Andh Pra 85 ).

( 2 ) THE matter arose in the following manner. An extent of about 15 acres of land is in R. S. No. 160 in Edavanivaripalli, hamlet of Nelakuntla Village. It formed part of the erstwhile Zamindari of Bangarupalayam. The writ petitioner filed an application before the Assistant Settlement Officer for ryotwari patta in respect of this land of 15 acres. He purported to file it under Section 56 (1) of the Estates Abolition Act. In the petition he alleged that the land was his ancestral property for which the erstwhile Zamindar granted a patta in favour of his father in the year 1942. But at the time of survey and settlement, the Village Officer fabricated the Village Accounts and made fraudulent entries in the Village Accounts and obtained pattas in favour of the resp










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