Back
1997 Supreme(AP) 465
Andhra Pradesh High Court
Judges : V.BHASKARA RAO
Thallapakam Ananthacharyulu - Appellant
Versus
Thallapakam Venkata Krishnamacharyulu - Respondent
Decided On : 06-09-97
Headnote:
Code of Civil Procedure, 1908 - Sections 151, 9 - A - P Abolition of Inams Act, 1955 - Sections 2-A, 4, 8, 3, 5, 6, 7 - A - P Tenancy and Agricultural Lands Act, 1950 - Sections 37, 36 - Property Divide - Distribution - It is his case that late father of himself and revision petitioners was alive on date of commencement of Act and hence he was inamdar on date of commencement of Act and that therefore he was entitled to ryotwari patta - Thus he succeeded on file of principal Subordinate Judge tirupati and he was declared to be entitled for 1/6th share in a schedule property an extent of - However appeal filed by him before Appellate authority against order of inams Deputy Tahsildar was dismissed stating that competent civil Court was seized of matter - Thereupon respondent No - 1 filed a Revision before commissioner Survey Settlement and land Records and sought for grant of patta to an extent of 1/6th share in said lands - Held, It is another thing that revision petitioners are now asserting that above decree is a nullity as jurisdiction of civil Court is ousted - Having heard learned Counsel for both sides on scope and whether jurisdiction of a civil court is ousted I am inclined to accept contentions of learned Counsel for respondent No - 1 - Assuming for a while that patta granted in favour of five revision petitioners is valid and also assuming that a dispute arises among them and they do not mutually agree to divide property in a particular manner I do not think that authorities under Act have jurisdiction to enterain a suit for that - In such an event only forum is civil Court where a suit for partition is maintainable - It is this illustration that clinches issue - There is a direct ruling of this Court rendered Inams Abolition Act - In and others it is held that civil Court is competent to pass decree for partition and also to determine shares of sharers of such inam lands - I am therefore unable to hold that decree is a nullity - It is another thing that revision petitioners are entitled to raise a plea of decree being nullitv in final decree proceedings but since I am satisfied that above decree is not a nullity point are held against respondents - Petition is accordingly dismissed.
( 2 ) THE facts and circumstances emerging from the contentions of both sides in brief are: the parties herein except respondents 2 and 3 are direct descendants of tallapakam Annmacharya, the great poet and Composer and a well known devotee of Lord Veukateswara. The land bearing S. Nos. 586, 647 and 649 situated at Tirumala Hills admeasuring 28 acres 50 cents was an inam granted by the Emperor of Vijayanagara Sri Krishna Devarayalu to the great poet by title deeds 2920 and 2921. After the enforcement of A. P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, for short the act , the inams Deputy Tahsildar suo-motu passed an order under Section 3 of the Act, dt. 24-1-1960, holding that (i) the land is an inam land; (ii) it is in ryotwari village, and (iii) that it was held by an Institution i. e. , Tirumala Tirupati Devastanam, for short T. T. D. The parties herein who are descendants of original owner tallapakam Annamacharya were not given any notice. T. T. D. filed an application in M. P. No. 4/1962 for resuming the land from the inamdars on the ground that the service conditions are nor fulfilled. As ryotwari patta was already issued in favour of the Executive Officer, T. T. D. , the above application was rejected on 30-6-1964. T. V. Srinivasa Sesha Charyulu, father of revision petitioners No. 1 to 5 and respondent No. , questioned the above proceedings before the Commissioner of Survey, Settlement and Land Records in Revision in Caseno. VII/251/82 and the same was allowed by an orderdt. 19-8-1982 and the matter was remanded to the Inams Deputy Tahsildar for fresh enquiry. On remand, the mams Deputy Tahsildar conducted fresh enquiry and by an order dt. 29-8-1993 held that (i) it is an inam land; (ii) it is in ryotwari village, and (iii) it is not held by T. T. D. T. T. D. , unsuccessfully carried the matter in appeal and then in revision before the Commissioner of Survey, Settlement and Land records. Then T. T. D. filed W. P. No. 11895/1986 questioning the finding that the above inam land was not held by T. T. D. while T. V. Charyulu filed w. P. No. 11437/1986 seeking compensation for the land to an extent of 3 acres 50 cents occupied by T. T. D. The writ petition filed by T. T. D. was allowed and the one filed by T. V. Sesha Charyulu was dismissed by a learned single judge by a common order. T. V. Sesha Charyulu filed Writ Appeals W. A. Nos. 1752/1987 and 4/1993 and both of them were allowed holding that the inam was not held by T. T. D. Thereupon T. T. D. filed Civil Appeal Nos. 3468 and 3469 of 1993 in the Supreme Court and both the appeals have been dismissed on 11-1-1955 and thereafter Review Petitions Nos. 683 and 684 of 1995 were also dismissed on 9-5-1995. Thus, the litigation between the parties herein and t. T. D. has come to an end.
( 3 ) DURING the pendency of above litigation, the Inams Deputy Tahsildar issued notices to all the brothers of Tallapakam Family and granted patta in favour of five brothers (revision petitioners 1 to 5) on 17-7-1984 while rejecting the claim of respondent No. 1 herein. Respondent No. 1 filed an appeal before the appellate authority aggrieved by the rejection of his claim. He also filed a civil Suit in OS. No. 254/1984 in the Court of Principal Subordinate Judge, tirupati, for partition of the above land into six equal shares. It is to be noted that t. V. Sesha Charyuludied in the year 1972 after executing a will bequeathing all his properties equally in favour of his sons viz. , revision petitioners 1 to 5 and respondent No. l. Respondent N
