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2008 Supreme(SC) 214
2008(1) Supreme 679
Supreme Court of india
(From Andhra Pradesh High Court)
Dr. Arijit Pasayat & P. Sathasivam, JJ.
M. Purnachander Rao — Petitioner
versus
Sri Nawab Mazaharuddin Khan (D) Thr. L.Rs.& Ors. — Respondents
Appeal (civil) 1211 of 2008
(Arising out of SLP (C) No. 19521 of 2005)
Decided on : 11-02-2008
Headnote:Code of Civil Procedure, 1908 – Section 100 – In view of the chequered history of the case the proper remedy for the appellant was to initiate a separate proceeding and the same could not be questioned by way of a Letters Patent Appeal before the High Court who was not a party to the entire proceedings – Liberty granted to the appellant to initiate separate proceedings before the appropriate Court to vindicate his grievance. (Para 9)
Facts of the case:
1.According to the appellant, he purchased an extent of 4 acres of agricultural land situated in Sy. No. 46 of Raidurg Paigah Village, Serilingampally Mandal, R.R. District, Andhra Pradesh under a registered sale deed dated 11.10.1996. The appellant’s title flows from Sri Mala Ramulu and others who have purchased land under a registered sale deed dated 12.11.1962 from Sri Waliullah Hussaini. The said Sri Waliullah Hussaini derives title from his father Late Sri Moulvi Syed Akbar Hussaini. Late Sri Moulvi Syed Akbar Hussaini was given four villages by the then Paigah under the Nizam Rule somewhere in the beginning of the century.
2.The said Late Sri Moulvi Syed Akbar Hussaini, who was the estate holder, died in the year 1923. He was survived by his wife, three sons and four daughters. After his death, the Court of Wards (Revenue Department), constituted under the Hyderabad District Court of Wards Act, took custody of the property of Late Sri Moulvi Syed Akbar Hussaini including the land in Patta Raidurg.
3.In 1925, there was a compromise between the legal heirs of late Sri Moulvi Syed Akbar Hussaini. After the compromise, the other shareholders sold away their rights in favour of Waliullah Hussaini and two minors, namely, Sri Syed Akbar Nizamuddin and Sri Syed Aminuddin Hussaini, under registered sale deeds.
4.It is the further claim of the appellant that the land in Raidurg village is a Patta land (private property) and he is a bona fide purchaser of land to an extent of 4 acres in Survey No. 46 of village Raidurg Paigah District Ranga Reddy, Andhra Pradesh for valuable consideration under a registered sale deed in the year 1996.
5.The legal heirs filed Civil Suit wherein a preliminary decree was passed on 06.4.1959 and in the list of properties shown in “A” Schedule to the preliminary decree, Item No. 234 was shown as Raidurg and in the preliminary decree item Nos. 230 to 254 had been excluded since the properties were under enquiry with the Board of Revenue as to the title and claim. Item No.234 shown as Raidurg was also excluded from the distribution in the preliminary decree. Thereafter another application was filed for passing final decree and the same was allowed on 26.12.2003.
6.The appellant is a stranger to the above proceedings. By virtue of the order passed, the respondents started interfering with the land purchased by the appellant and coming to know about the above orders passed by the High Court and being aggrieved by the orders passed in Application No. 1409 of 2003, filed an appeal in OSA (SR) No. 1900 of 2005.
7.By the impugned order, the Division Bench of the High Court dismissed the appeal.
Findings of the Court:
There is no infirmity in the impugned judgment.
Result : Appeal dismissed with liberty to file separate proceeding.
JUDGMENT
P. Sathasivam, J. —
1.Leave granted.
2.This appeal is directed against the order dated 26.04.2005 of the High Court of Andhra Pradesh at Hyderabad in O.S.A. (SR) No. 1900 of 2005 in and by which the Division Bench dismissed the said appeal on the ground of limitation. The appellant preferred O.S.A. before the Division Bench of the High Court under clause 15 of the Letters Patent against the order of the Single Judge dated 26.12.2003 in Application No. 1409 of 2003 in C.S. No. 7 of 1958.
3.According to the appellant, he purchased an extent of 4 acres of agricultural land situated in Sy. No. 46 of Raidurg Paigah Village, Serilingampally Mandal, R.R. District, Andhra Pradesh under a registered sale deed dated 11.10.1996. The appellant’s title flows from Sri Mala Ramulu and others who have purchased land under a registered sale deed dated 12.11.1962 from Sri Waliullah Hussaini. The said Sri Waliullah Hussaini derives title from his father Late Sri Moulvi Syed Akbar Hussaini. Late Sri Moulvi Syed Akbar Hussaini was given four villages by the then Paigah under the Nizam Rule somewhere in the beginning of the century. The said Late Sri Moulvi Syed Akbar Hussaini, who was the estate holder, died in the year 1923. He was survived by his wife, three sons and four daughters. After his death, the Court of Wards (Revenue Department), constituted under the Hyderabad District Court of Wards Act, took custody of the property of Late Sri Moulvi Syed Akbar Hussaini. The Court of Wards will take custody of the property only if it is a private property. The land in Patta Raidurg was also taken over by the Court of Wards after the death of Sri Moulvi Syed Akbar Hussaini. In 1925, there was a compromise between the legal heirs of late Sri Moulvi Syed Akbar Hussaini. The properties located in Yenkapally Maqta and Patta Raidurg were allotted to Sri Waliullah Hussaini and other sisters and brothers and Maqta Karimnagar was allotted to other members of the family. After the compromise, the other shareholders sold away their rights in favour of Waliullah Hussaini and two minors, namely, Sri Syed Akbar Nizamuddin and Sri Syed Aminuddin Hussaini, under registered sale deeds.
4.It is the further claim of the appellant that the land in Raidurg village is a Patta land (private property). In view of the fact that Sri Waliullah Hussaini purchased other shareholders’ rights over the property, except Sri Waliullah Hussaini no other person got any right. Sri Waliullah Hussaini paid land revenue from 1950 onwards and he sold the same in favour of the appellant’s predecessors in title Sri Mala Ramulu and others after obtaining permission in the year 1962 as per the sale deed dated 12.11.1962. They, in turn, sold the property in favour of the appellant’s vendors.
5.It is the further case of the appellant that he is a bona fide purchaser of land to an extent of 4 acres in Survey No. 46 of village Raidurg Paigah District Ranga Reddy, Andhra Pradesh for valuable consideration under a registered sale deed in the year 1996. The Civil Suit was filed on the original side jurisdiction of the High Court of Andhra Pradesh in C.S. No. 7 of 1958. The suit was filed by the legal heirs who are the sharers of the property belonging to the estate as “Asmanja Paigah”. A preliminary decree was passed on 06.4.1959 and in the list of properties shown in “A” Schedule to the preliminary decree, Item No. 234 is shown as Raidurg and in the preliminary decree item Nos. 230 to 254 have been excluded since the properties were under enquiry with the Board of Revenue as to the title and claim. Item No.234 shown as Raidurg is also excluded from the distribution in the preliminary decree. The legal representatives in the year 2002, after a lapse of 43 years, filed applications bearing Nos. 1144 to 1147 of 2002 in C.S. No.7 of 1958 claiming (1) recognition of the Assignments in favour of respondent Nos. 21 to 40; (2) implead the respondents (assignees) as respondents; (3) direct the Collector,
