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1947 Supreme(Mad) 164

SHAHABUDDIN
Yamujala Mangamma and another – Appellant
Versus
Kalyanapu Appadu and another – Respondent


Advocates Appeared:
B.V. Ramanarasu and T.V.R. Tatachari for Petitioners.
Kasturi Seskagiri Rao and K. Sivaprasada Rao for Respondents.

Judgment.-

These revision petitions arise out of O.S. Nos. 97 and 98 of 1945 in the Court of the District Muhsiff of Vizianagaram which had been filed with regard to two different plots of land in Seetharamudupeta Agraharam of the Vizianagaram taluk. The plaintiff in O.S. No. 98 was one Mangamma, who claimed to be the owner of the plots and treated the defendants in that suit as tenants holding over. The other suit was filed by Mangamma’s lessee against the sub-lessees. The defence in both the suits was that the suit land was part of an estate, that the defendants had therefore occupancy rights and the Civil Court had no jurisdiction. The learned District Munsiff accepted this contention and returned the plaints for presentation to the Revenue Court. The District Judge on appeal confirmed the order in O.S. No. 98 of 1943, but with regard to the other suit while accepting the finding of the trial Court that the land concerned in it formed part of an estate, he was of the opinion that as the contest in that case was between the lessee of the landholder and his sub-lessees the question of occupancy right did not arise unless the sub-lessee could be regarded as a ryot within the meaning





















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