ORDER : This revision is directed against the finding of the Additional District Munsif, Nellore on a preliminary issue in O. S. 712 of 1951 on his file, by which he negatived the 1st defendants contention that the Civil Court has no jurisdiction to try the suit. The 1st respondent-plaintiff brought the suit for partition and recovery of possession of his one-third share in the plaint lands and for other incidental reliefs. His case is that he and defendants 1 to 5 are joint shrotriamdars of Kuricherlapad, shrotrium, that he owns 4-12th share in the shrotrium, that the 1st defendant is entitled to 1/12th share and the defendants 2 and 3 to 4/12th share and defendants 4 and 5 to the remaining 3/12th share, that the two items of plaint lands consisting of survey Nos. 160 and 161 were anadhinam lands, that S. No. 160 was progressively reclaimed at the joint expense of all the shrotriumdars between 1940 and 1949 and that Survey No. 161 was similarly re-claimed by all of them between 1945 and 1949.

Although the lands were jointly owned and enjoyed by them, the 1st defendant began to assert exclusive title and possession in himself in respect of both the lands on the ground that he had be

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