Chennai Court February 1907 Judgments

Gongela Pichi Naidu and ors. Vs. Vallur Veeriah and anr.

Court: Chennai

Reported in: (1910)2MLJ362

1. The suit land was unassessed waste, part of the defendant's village of Lakkarajupalle hamlet of Minagavalu. It was granted on dharkast in 1901 to the plaintiffs, ryots of Mahi Malur. They complain of obstruction and dispossession by the defendants and seek to recover it. The defendants in their written statement do not set up title in themselves or adverse possession against the Government. They plead enjoyment of the land for pasture from time immemorial and deny the right of Government to grant it on dharkast. The District Munsif decreed the plaintiff's claim. On appeal the District Judge has confirmed the Munsif's decision. He came to the conclusion that most of the plots in dispute were pattah lands till 1873; that the defendants did not hold the lands for pasture from time immemorial or as of right against the Government, and that they had no rights in unassessed waste against Government. The defendants appeal and set up various contentions. It is unnecessary to set them out at...