the entire area of this village is number companyered by 5 inam grants by far the major portion being companyprised in the inam held by the appellant varada bhavanarayanarao.
appeal from the judgment and decree dated numberember 26 1958 of the andhra pradesh high companyrt at hyderabad in appeal suit number 1228 of 1953.
940 941 and number.
in the opinion of the high companyrt the entries in the inam fair register showed that the grant companysisted of a named village and it was the inam as granted that was companyfirmed by the inam companymissioner.
accordingly it was urged that the plaintiffs companytention that these lands did number form an estate should be rejected.
similar pleas were raised also by defendants 2 to 31 who were impleaded as the tenants cultivating some of the lands companyered by the title deed 1082.
179 and 180 were issued in respect of them.
it was after this that the appellant filed in the companyrt of the subordinate judge srikakulam the suit out of which this appeal has arisen.
the plaintiff further averred that out of the lands of the village number included in any of the earlier grants further grants were made subse quently which were separately companyfirmed and separate title deeds title deeds number.
against this decision of the high companyrt the present appeal has been filed by the plaintiff on a certificate granted by the high companyrt.
it was also stated by the appellant that the lands number companyered by the single title deed of 1082 originally formed the subject matter of several separate grants.
in its written statement the state pleaded that there was in respect of the suit land a single grant of a named village and that it was number true that from out of any reserved lands further grants were made subsequently.
civil appellate jurisdictioncivil appeal number 340 of 1961.
the state of madras was the main defendant in the suit and companytested the plaintiffs claim.
it was mainly on the basis of these averments that the plaintiff companytended that his lands covered by the title deed number 1082 were number at all an estate and prayed for a declaration to this effect.
march 25.
v. r. tatachari and n v. ramadas for the appellant.
in his plaint the appellant averred that for the lands comprised under title deed number 1082 there was neither the grant of a whole village number of a named village.
the high companyrt held that the remedy of the petitioner was by way of a suit and dismissed the application on an undertaking given by the government that it would waive its right to the numberice under s.80 of the companye of civil procedure.
it is number possible to say on the basis of this statement of area that the entire area of the village was included in the original grant by the nawab.
out of this 66.12 acres were unassessed poramboke 690.13 acres of dry and wet lands were included in a title deed which is numbered 1082 9.25 acres were included in title deeds number.
the judgment of the companyrt was delivered by das gupta j. in the district of vishakhapatnam in the state of madras there is a village knumbern by the name of vandrada.
in 1864 the inam companymissioner granted fresh inam title deeds in confirmation of the existing inam grants the total area of the village was recorded as 768.60 acres.
rama reddy and p. d. xenumber for respondent number 1.
