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2007 Supreme(SC) 95

ARIJIT PASAYAT, S.H.KAPADIA
Boddam Narsimha – Appellant
Versus
Hasan Ali Khan (Dead) by LR. – Respondent


JUDGMENT

Kapadia, J.—Nawaz Jung Bahadur was a pattedar of the lands inter alia in Survey Nos. 63, 68, 69 and 70 admeasuring 69 acres 10 guntas in village Madhapur of Serlingampally Mandal, Ranga Reddy in Andhra Pradesh. On the demise of Nawaz Jung Bahadur, one of his sons Mohd. Ali Khan filed a suit for partition of the properties of late Nawaz Jung Bahadur. This was in 1935. The scheduled property was Item 6 of Schedule B in Suit No. 42/62 filed in the City Civil Court, Hyderabad. In the plaint it was stated that Item 6 was in possession of the tenants. One such tenant, Boddam Bala Mallaiah (hereinafter referred to as “Bala”) was the cultivating tenant in respect of Survey Nos. 63, 68, 69 and 70 of village Madhapur admeasuring 69 acres 10 guntas as indicated by Khasra Pahani for the year 1954-55. Bala was a lessee for three years. He was inducted in the aforesaid lands under a kaulanama dated 1.3.1953. This kaulanama was executed by one Hamid Ali Khan son of Md. Nawaz Jung. Initially it was for one year. It was renewed each year. It stated that on expiry of the stipulated period the tenant will have no right over the land in possession. It further stated that Bala will be sole cul


















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