- (1.)This second appeal is directed against the judgment and decree dt. 16-8-2003 in A.S.No.103 of 2000 on the file of the III Additional District Judge, Fast Track Court, Kadapa reversing the judgment and decree dt. 25-10-2000 in O.S.No.635 of 1998 on the file of the IV Additional Junior Civil Judge, Kadapa.
(2.)The appellants herein are the plaintiffs. The suit was filed for permanent injunction. The plaintiffs pleaded that they are the permanent residents of Sanjeeva Nagar, Khajipet Mandal, Kadapa District. The Harijan Development Co-operative Society had owned a total extent of about Ac.147 in different survey numbers in Chemulapalli village. The society leased out small extents of lands to 148 families of landless poor Harijans by the proceedings of its Chairman dt. 28-8-1973. The plaintiffs were granted ek-sal lease in an extent of Ac. 1.10 cents each in S.Nos.243/1, 243/3 respectively. They reclaimed the land irrigated it through a community well and were in continuous possession and enjoyment of the lands and also raised crops. As the defendants wanted to dispossess the plaintiffs, the suit was instituted.
(3.)The respondents herein defendants, admitted that the plaintiffs were granted eksal lease in 1973 and were in possession of the suit schedule land as per an enquiry held in 1980. They, however contend that the District Collector as the Chairman of the Harijan Development Co-operative Society cancelled the ek-sal lease granted to the plaintiffs on 15-10-1997 and on the same day issued ek-sal lease to the defendants to cultivate the suit schedule lands as the plaintiff were not entitled to continue as beneficiaries. The 1st plaintiff is an employee who was a resident of Badwel and the 2nd plaintiff was residing in B.K. Koduru. The lands were not personally cultivated by them. The lands were being cultivated by one Sri. Yesuratnam of Kondapet village. On account of these disqualfications, the lease granted to the plaintiffs was cancelled and the suit schedule lands were allotted to the defendants. The possession of the lands was handed over to them on 8-4-1998 by the Society and since then they continued in possession and enjoyment of the lands. They also pleaded that the suit was not maintainable as the Society, a proper and necessary party, was not impleaded.