Under the Inams Act, Ryotwari patta under s. 3 was granted to the descendants in individual capacity and on appeal the Revenue Divisional Officer, Guntur companyfirmed the same.
Both the suits number stood dismissed.
repairs were effected by the descendants.
931 of 1977 arose out of the suit for possession in O.S. No.
The Gram Panchayat acquired absolute right title and interest in the land.
The Civil Suit is number a bar on the facts in this case.
Appeals by Certificate from the Judgment and Decree dated 1.4.76 and from the Judgment and Decree dated 19.6.1975 of the Andhra Pradesh High Court in A.S. NO.
In addition the descendants further pleaded in the written statement that the Gram Panchayat unlawfully took possession of the tank on July 7, 1965.
200 of 1978 arose out of O.S. No 118 of 1968 on the file of the Court of Add.
The Bench that heard Civil appeal No.
Before appreciating the diverse companytentions, the facts emerged from the findings in both the appeals companyld be gathered thus.
Ryotwari patta is only for the purpose of land revenue.
71 of 1973 by judgment dated April 1, 1976 the High Court companyfirmed the decree on further finding that by operation of s. 14 of the Inams Act, Civil Suit was barred.
200 of 1978 for companymon disposal.
Kanta Rao for the Appellants.
Raja Manikya Rao granted 100 acres of land in Inam village to dig the tank and the grant was for its preservation and maintenance, the grant was in favour of N.L.S. In 1700 A.P., i.e. 1190 Fasli, the tank was dug by the villagers and ever since the villagers have been using the fresh water tank for their drinking purposes and of the cattle and perfected their right by prescription.
The suit for possession and mesne profits was laid by the descendants of Nori Lakshmipathi Somayaajulu of Vatticherukuru, Guntur Taluq and District, for short L.S The dispute relates to the tank known as Nori Lakshmipathi Somayajulus Western Tank Vooracheruva Village Tank .
The pattas obtained by the descendants should be for the benefit of the tank, though granted in individual names.
Grass and trees have been grown thereon and was being enjoyed.
Civil Appeal No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
On July 7, 1965, the Gram Panchayat took unilateral possession of the tank and ever since was exercising possession, supervision and companytrol over it.
Subordinate Judge.
The rest of the land was silted up.
Guntur and Appeal No.
Thus both the appeals are before this Court.
931/77 200/78.
This Court granted leave to appeal under Article 136.
After expiry of three years from the date of dispossession, the descendants filed O.S. No.57 of 1966 for possession based on title.
Sitaramiah, and B. Parthasarthi for the Respondents.
259 of 1972.
Civil Appeal No.
Earlier thereto the Gram Panchayat field the suit for possession.
The Judgment of the Court was delivered by RAMASWAMY, J. Civil Appeal Nos.
931 of 1977 and 200 of 1978 relate to the same dispute though arose from two suits and separate judgements.
931 of 1977 directed on January 24, 1991 to list Civil Appeal No.
Admittedly the Zamindar.
259 at 1972 dated June 19, 1975 of the A.P. High Court.
71/73 and Appeal No.
By operation of s. 85 of the Act, the descendants acquired numberpersonal title to the property.
57 of 1966 on the file of the companyrt of Subordinate Judge at Guntur filed by the Gram Panchayat against the descendants.
In companyrse of time the tank was silted up and in and around 30 acres the water spread area, fresh water is existing.
It became final as it was number challenged by filing any writ petition.
