1950 Supreme(Mad) 319
SUBBA RAO, PANCHAPAKESA AYYAR
The State of Madras represented by the Collector of East Godavari at Kakinada. – Appellant
Versus
Sree Raju Ravu Venkatakumara Mahipathi Surya Rao Bahadur Garu Maharajah of Pithapuram, Trustee of Sree Rajah Ram Venkata Mahipathi Gangadhara Rama Rao Bahadur Garu. – Respondent
Advocates:
The Government Pleader (P. Satyanarayana Raju) and V. Balakrishna Eradi for Appellants in A.S.Nos. 93 of 1947, 251 to 257 of 1948 and Respondents in Appeal No. 111 of 1947.
A. Sundaram Aiyar, Ch. Ramakrishna Rao and K. Ramamurthi for Respondents in Appeal No. 93 of 1947, etc., and with C. Durga Bai for Appellants in Appeal No. III of 1947.
Panchapakesa Ayyar, J.-These are nine connected Appeals, A.S.Nos. 93 and III of 1947 being appeals by the opposite parties to O.S.No. 61 of 1944 on the file of the Sub-Court, Amalapuram, and the other seven appeals having been originally filed in the District Court, East Godavari, and got transferred here as the points involved in those appeals were the same as those in the first two appeals. Of these eight suits, covered by the nine appeals, four were filed by the Maharajah of Pithapuram, his son the Kumararajah, in whose favour he had executed a settlement, and his daughter-in-law the Yuvarani, who was the lessee in respect of the suit lands. These four suits are O.S.Nos. 34 of 1941, 29 of 1943, 14 of 1944 and 61 of 1944. In those suits the plaintiffs had alleged that the two blocks of land shown in the plaint schedule had been formerly ryoti lands of the Pittapuram Zamindari and part of Lanka Gannavaram village, adjoining the Vynatheyam branch of the river Godavari and that the lands had been cultivated till fasli 1325, that is, till about 1915, that the Godavari submerged those lands and cultivation therein had to be abandoned, that by about 1935 or so the lands began to be re-
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