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1950 Supreme(Mad) 161

PANCHAPAGESA SASTRI
Pattipati Ramalingaiah – Appellant
Versus
Nagulagunta Subbarami Reddi – Respondent


Advocates:
K. Umamaheswaram for Appellants.
M. Seshachalapathi for Respondent.

Judgment

These two appeals arise out of two actions instituted by the villagers of Somasila and Kammavaripalli in Nellore district for recovery of Rs. 120 and Rs. 240 respectively, from the first defendant in both the actions. There is a tank by name Mallacheruvu which is situate at the junction of three villages, Samasila, Kambhempaud and Kammavaripalli. The right of catching fish in the tank for the year 1944 was leased out by revenue auction. At that auction the first defendant was the sole bidder for Rs. 11-4-0. His bid was accepted and he became the purchaser of the right. He appears to have granted a lease of this right to the third defendant for Rs. 600. There is evidence to show that in that year the fishery crop, if I may use the expression, was a good one, and was probably worth considerably more that Rs. 600 possibly Rs. 800 or Rs. 900. The case of the plaintiffs was that there was an arrangement amongst the villagers as a result of which there was an agreement not to bid against each other and to put up the first defendant as the sole bidder. His bid was really to be for and on behalf of all the villagers, the villagers to share the right in the proportion of 1/5th for S






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