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Gopisetti Narayanaswami Naidu Garu Receiver of Nidadavole Estate Vs. Karaturi Venkayya and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.265a
AppellantGopisetti Narayanaswami Naidu Garu Receiver of Nidadavole Estate
RespondentKaraturi Venkayya and ors.
Cases ReferredWali Ahmed Chowdhry v. Tota Meah Chowdry
Excerpt:
madras land estates act (i of 1908) - ryoti land--zeroyati land--communal land--encroachment--zemindar's right to eject. - .....to recover 94 cents as having been encroached upon by the defendants. the subordinate judge finds adverse possession for over the statutory period and dismisses the suit. it is urged, on the authority of wali ahmed chowdhry v. tota meah chowdry 31 c. 397, that the defendants' possession is not adverse because the encroachment is by tenants on land adjoining their holding. assuming this to be so, we do not see what right the plaintiff has to recover it. the plaint calls it zeroyati land. that would be ryoti laud under the estates land. act from which the ryot cannot be ejected. mr. nagabhushanam says that that description is incorrect and the land is village communal land. if this contention be correct, we do not see what right zamindar has to recover it.2. we must dismiss the second.....
Judgment:

1. This is a suit to recover 94 cents as having been encroached upon by the defendants. The Subordinate Judge finds adverse possession for over the statutory period and dismisses the suit. It is urged, on the authority of Wali Ahmed Chowdhry v. Tota Meah Chowdry 31 C. 397, that the defendants' possession is not adverse because the encroachment is by tenants on land adjoining their holding. Assuming this to be so, we do not see what right the plaintiff has to recover it. The plaint calls it Zeroyati land. That would be ryoti laud under the Estates Land. Act from which the ryot cannot be ejected. Mr. Nagabhushanam says that that description is incorrect and the land is village communal land. If this contention be correct, we do not see what right zamindar has to recover it.

2. We must dismiss the second appeal with costs.


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