LAW FOR ALL

Both the above suits were clubbed together. Evidence was recorded in Original Suit No.32/1974, whereupon, it was held, that the appellant was a cultivating tenant in respect of the above agricultural land, long prior to the notified date (-17.01.1959), and that, the appellant had occupancy rights over the above land, prior to taking over of the ‘Inam Estates’ by the State Government, under the 1948 Act. And further that, with effect from the notified date – 17.01.1959, the relationship of landlord and tenant, between the erstwhile landowner Sri Sangameswara Swamy Varu – respondent no.1, and the ryot stood terminated. And that, the appellant was entitled to a “ryotwari patta” for the suit land. This determination was recorded in Original Suit No.32/74, consequent upon the appellant being able to establish the above position, through the evidence of an “archaka” and a “trustee” (P.W.2 and P.W.3 respectively), of the temple in question. The appellant was also able to demonstrate, that the appellant and his predecessors-in-interest, were cultivating tenants of the suit land, long prior to the notified date – 17.01.1959. It is in the aforesaid view of the matter, that Original Suit No.32/1974 came to be decreed. 11. As against the above, the Estate Officer, Devasthanam, could not establish the execution of the alleged rent deed (kadapa), dated 29.11.1970, in favour of the appellant. And as such, the Devasthanam could not establish the relationship of landlord and tenant, between Sri Sangameswara Swamy Varu and the appellant, as alleged. It was therefore, that Suit No.73/1974 was dismissed. The judgment and decree in Original Suit Nos.32/1974 and 73/1974 were passed on 31.10.1977. It is not a matter of dispute between the rival parties, that the aforesaid determination attained finality between the parties.