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1987 Supreme(AP) 386

K.RAMASWAMY
MOBD. BURHAN – Appellant
Versus
SHIVLAL RAO – Respondent


K. RAMA SWAMY, J.

( 1 ) DEFENDANT No. 1 is the appellant. Respondent No. 1 laid the suit for a declaration that he is the owner of Ac. 10-06 guntas of land in Survey no. 48 situated at Kharbala village of Mudhole Taluk in Adilabad District. The trial court granted the decree as against which the appeal has been filed. The case of the respondent-plaintiff is that he purchased the plaint schedule properties under Ex. A-1 sale-deed, dated May 17, 1967 from the 2nd defendant and obtained validation certificate under Section 50-B of the andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 for short, "the Act" and under Ex. A-3, dated April 22, 1970 another extent of Ac. 4-00 and under Ex. A-4, dated May 3, 1974 a further extent of Ac. 2-06 cents and thus, he acquired valid title to the property. The protected tenancy certificate issued under Section 38-E of the Act is not binding on him. The trial court granted the decree. The question at issue is whether the civil court has got jurisdiction to give a declaration of title in respect of the lands covered tinder the provisions of the Act. The matter is no longer res integra. It is now an admitted fact that the appellant















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