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Gullapalli Bhadrayya – Appellant
Versus
Puttagunta Bapayya – Respondent


JUDGMENT

1. The plaintiff is an inamdar and sues to eject the defendants who are the cultivating ryots. We accept the law as laid down in S.A. No. 705 of 1909 that when an inam is carved out of a zemiudari the presumption is that what was given as inam was only the melvaram right as the zamindar himself was presumably the owner only of that right. The decision in Marapa Tharalu v. Telukula Neelakanta Behara I.L.R. (1907) M. 502 is not an authority to the contrary as that case only laid down that an inamdar who is the owner of both varams in the land will not be presumed when he lets a ryot into occupation to give over the kudivaram right to him though such a presumption would be made in the case of a zemindar transferring land in the zemindari to a ryot for cultivation. It must, therefore, be presumed in this case that as inamdars plaintiffs predecessors in interest obtained only the melvaram right from the Zemindar of Nuzvid. There is no evidence that they were the owners of the kudivaram in any tight. We can find no legal evidence on record that the plaintiff or his predecessors ever let any of the cultivators into possession of the land. The fact that the defendants have not prov

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