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1952 Supreme(Mad) 57

P.V.RAJAMANNAR, VENKATARAMA AYYAR
Sri Dantuluri Butchi Ramayya – Appellant
Versus
Gundu Ramanna – Respondent


Advocates:
D. Narasaraju and K.B. Krishnamurthi for Petitioner.
P. Somasundaram and P. Suryanarayana for Respondents.

The Chief Justice.- This revision petition originally came on before Balakrishna Ayyar, J., but has been referred to a Bench because the learned Judge thought that the questions raised in it were of considerable importance and the matter was barren of direct authority.

The petitioner filed a suit in the District Munsif’s Court of Vizianagaram to eject the contesting respondents from the lands in suit and to recover past and subsequent profits from them. It was inter alia pleaded by the defendants that the Civil Court had no jurisdiction to entertain the suit as the provisions of the Madras Estates Land Act would govern the case. Both the learned District Munsif and the learned District Judge have upheld this plea of the defendants and directed the plaint to be returned for presentation to the Revenue Court.

The origin of the title of the plaintiff to the suit lands is not in dispute. It appears from the Inam statement and the proceedings of the Inam Commissioner as recorded in the Inam fair register that the then Rajah of Vizianagaram one Sri Raja Pusapati Viziaramaraju granted in mark to Poosapati Ramachandraraju lands in two village, viz., Korukonda and Nerellavalasa, yielding an i






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