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1951 Supreme(Mad) 284

P.V.RAJAMANNAR, VENKATARAMA AYYAR
Kodali Bahayya – Appellant
Versus
Yadavalli Venkataratnam – Respondent


Advocates:
P. Somasundaram and U. Sethumadhava Rao for Appellants.
M.S. Ramachandra Rao and A.L. Narayana Rao for Respondents.

Venkatarama Ayyar, J.-This batch of second appeals arises out of suits instituted by the respondent for ejecting certain tenants. The properties are situated in a village called Yanikepadu. In 1754 one Venkatarayanim Garu who is stated to have been the then zamindar of Bezwada granted them as inam to one Chandra-sekhara Sastri, Exhibit P-1 and the inam was confirmed in 1865 during the enfranchisement proceedings. The plaintiff is the successor in interest of the inamdar. The defendants are the tenants in possession of various parcels of land comprised in this inam.

The plaintiff sued to eject them and to recover mesne profits. The defendants resisted the suits on the ground that they had occupancy right in the land and that, therefore, they could not be evicted. They also pleaded that there was no notice to quit as required by law and that, therefore, the suits were not maintainable. The learned District Munsif held that the defendants had not established occupancy rights and that, therefore, they were liable to be ejected. He also held that the plaintiff had sent registered notices to the defendants calling upon them to surrender possession and that the defendants had refused to re









































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