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1990 Supreme(AP) 187

Andhra Pradesh High Court
Judges : M.N.RAO
Kannarnma - Appellant
Versus
Collector, Rangareddy district - Respondent
Decided On : 04-17-90

The relevant date for granting occupancy rights under Sections 4 to 8 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 is the date on which the entire provisions of the Act came into force, which is 1-11-1973 in the State of Andhra Pradesh.

Headnote:

The relevant date for granting occupancy rights under Sections 4 to 8 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 is the date on which the entire provisions of the Act came into force, which is 1-11-1973 in the State of Andhra Pradesh.

Fact of the Case:

The dispute arose over the registration of occupancy rights under Sections 4 to 8 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955. The petitioner claimed to be the rightful owner of the land and sought a declaration that the permanent lease executed by her mother in favor of the second defendant was void and inoperative. The District Collector rejected the pleas raised by the petitioner and accepted the contention of the respondents. The petitioner filed a writ petition challenging the order of the District Collector.

Finding of the Court:

The court held that the relevant date for granting occupancy rights under Sections 4 to 8 of the Act is the date on which the entire provisions of the Act came into force, which is 1-11-1973 in the State of Andhra Pradesh. The court further held that the decree granted by the civil court in AS 79/63 became effective after the death of Kannamma, and therefore, the Collector must give effect to the judgment and decree.

Issues: 1. What is the relevant date for granting occupancy rights under Sections 4 to 8 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955? 2. Whether the decree granted by the civil court in AS 79/63 became effective after the death of Kannamma?

Ratio Decidendi: The court held that the relevant date for granting occupancy rights under Sections 4 to 8 of the Act is the date on which the entire provisions of the Act came into force, which is 1-11-1973 in the State of Andhra Pradesh. The court relied on the decision of the Supreme Court in State of Maharashtra vs. Laxman Ambaji (AIR 1971 SC 1859) to arrive at this conclusion.

Final Decision: The court allowed the writ petition and set aside the order of the District Collector. The matter was remitted to the District Collector with a direction to dispose of the same afresh in accordance with law in the light of the judgment.

M. N. RAO, J.

( 1 ) FROM the past 15 years the parties herein have been litigating for registration as occupants under Sections 4 to 8 of the Andhra Pradesh (Telangana Area) abolition of Inams Act (hereinafter referred to as Inams Abolition Act) in respect of an inam land bearing old S No. 279 in the village of Alwal of Rangareddy district. The Order impugned in this Writ petition was passed by the District collector, Rangareddy, the prescribed authority, on 20-1-87 in file No. B3/6454/ 82 under Sec. 24 of the Inams Abolition act in consequence of the directions issued by a learned single judge of this Court while disposing of WP Nos. 8870 and 8923/81 dated 12-4-82.

( 2 ) ONE Narsing Rao was the original Makhtadar (Inamdar); the inam land was unsurveyed. It appears, in 1335 Fasli (1925) when survey was conducted the land was assigned S. No. 67/1 and 67/2. In the survey conducted in 1341 F (1931) S. No. 279 was assigned for the inam land, the extent of which was Ac. 49-39 guntas. In the resurvey conducted in 1354 F (1944) survey No. 279 was divided into S. Nos. 349, 350, 351 and 352 aggregating Ac. 13-19 guntas. The remaining extent of Ac. 36-20 guntas became part of S. Nos. 602 and 603. The original extent of Ac 49-39 guntas thus came to be covered by the six different survey numbers. Narasing Rao, the original Makthadar executed a perpetual lease for 99 years in favour of one namassivayam on 27th Dai 1320 F (1910) on an annual lease of Rs. 15/- The land covered by the lease deed was described as gaddamkunta Bavi of the inam near madiradoddi Neither the extent of the land nor the boundaries were mentioned in the lease deed. The land was described in the lease deed as:"land, well, Gutta, Wet and Dry. . . after the death of Namassivayam, his widow Kannamma, the petitioner in the writ petition, executed a lease deed on 11th azur 1350 F (1940) in favour of. one machikanti Veerayya on an annual rental of Rs 15-15 annas. The extent of the land mentioned in this lease deed was Ac. 7-07 guntas; it also mentioned the boundaries. Radhamma. the widow of the original makthadar Narsing Rao filed an application in 1963 before the competent revenue authority, the District Revenue Officer, hyderabad under Sec. 87 of the AP (Telangana area) Land Revenue Act seeking correction of survey record and for inclusion of her name in respect of survey numbers 602 and 603 admeasuring Ac. 36-20 guntas contending that till 1963 the land was in her possession and subsequently the military authorities took possession of the same without her consent and that she was continuously paying the assessment for the entire inam land including the above extent of Ac. 36-20 guntas This application was filed by her after a delay of 17 years and the competent authority after condoning the delay accepted her plea and submitted the papers to the government for correction of the record. In the military records at that time it was shown as land managed by the State government Veerayya in whose favour in 1940 Kannamma, the widow of Namssivayam, executed the lease deed claimed to have obtained an occupancy certificate as a protected tenant under the provisions of the AP (TA) Tenancy and Agricultural lands Act in respect of Ac 7-07 guntas covered by the lease deed One acre of land out of the Ac. 13-19 guntas covered by survey numbers 349 to 352 was acquired by the Government under the provisions of the Land Acquisition Act. The remaining land of Ac. 12-19 guntas was sold on 5-11-69 by Radhamma the widow of the original Makthadar and Veerayya the protected tenant jointly under a registered sale deed in favour of N Sudarshan Reddy the third respondent in the writ petition. Kannamma the widow of Namassivayam the permanent lessee died on 3-10-1988 leaving behind two daughters Ranibai and sugunabai who came on record as petitioners 2 and 3 after her death. The fourth respondent is the LR of Radhamma, the widow of the original Makthadar. Respondents 5 to 8 are the LRs. of Machikant
























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