High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE C.V. NAGARJUNA REDDY
Ramulu & Others
Versus
Smt. Sumitra Bai (died) & Others
Civil Revision Petition No.1520 of 2012
Decided on : 13-09-2012
This Civil Revision Petition is third in succession in respect of a dispute between the same parties. One Mr. Basaiah, who is the father of petitioner Nos.1 to 4, was the protected tenant in respect of Acs.3.29 guntas of land in Survey No.121 situated at Madharam Village of Pargi Mandal. After his demise, ownership certificate under Section 38E of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural Lands Act, 1950 (for short “the Act”) was granted to the petitioners herein who claimed through the said Basaiah by the Mandal Revenue Officer, Pargi. The petitioners approached the Mandal Revenue Officer, Pargi for putting them in possession in respect of the said land. By order dated 15.05.1987, the Mandal Revenue Officer has directed the petitioners to be in possession. This order was questioned by the respondents, who are the original land owners, in an appeal filed under Section 90 of the Act before the learned Joint Collector, Ranga Reddy District. The said appeal was allowed by order dated 05.05.1990 mainly relying upon the alleged surrender of tenancy rights by the father of petitioner Nos.1 to 4 orally prior to 1953. The petitioners filed C.R.P.No.2024 of1990 before this Court questioning the said order. The said C.R.P. was allowed by order dated 26.06.1995 and the case was remanded to the learned Joint Collector with a direction to him to consider the case of the petitioners that the tenancy rights were not surrendered by Basaiah. After remand, the learned Joint Collector dismissed the appeal by order dated 23.10.2000. Feeling aggrieved by the said order, the respondents have filed C.R.P.No.5756 of 2000. The said C.R.P. was allowed by this Court by order dated 18.03.2010 and the case was again remanded to the learned Joint Collector on the ground that while disposing of the appeal, he has not dealt with the question on which the case was remanded by this Court while disposing of C.R.P.No.2024 of 1990. After remand, the learned Joint Collector has passed order dated 07.03.2012 whereunder the petitioners were relegated to the civil Court by filing a suit for recovery of possession. Feeling aggrieved thereby, the petitioners filed the present civil revision petition.
I have heard Mr. V.H.V.R.R. Swamy, learned counsel for the petitioners, and Mr. P. Laxma Reddy, learned counsel for the respondents.
The fact, which is undisputed, is that the petitioners were given ownership certificate under Section 38E of the Act in recognition of the protected tenancy rights of their predecessor in title, namely, Basaiah. The order dated 05.05.1990 of the learned Joint Collector allowing the appeal filed by the respondents proceeded on the premise that the tenancy rights were surrendered by the father of petitioner Nos.1 to 4 and that the same was accepted by some of the petitioners herein who were defendant Nos.2 to 6 in the written statement in O.S.No.16 of 1978 on the file of the learned District Munsiff, Pargi filed by the original land owner Manik Prabhu. In C.R.P.No.2024 of 1990, this Court has observed that the pleading in the written statement relating to the purported surrender was not of the petitioners but of somebody else. In the light of this submission, this Court has directed the learned Joint Collector to re-examine this aspect and, accordingly, remanded the case. After remand, the learned Joint Collector has dismissed the appeal filed by the respondents. The plea raised by the respondents regarding the oral surrender was dealt with by the learned Joint Collector in his order dated 07.03.2012 as under:
“In this regard, as per the written statement the tenancy rights were surrendered in the year 1953 itself. The respondents contend that their predecessor-in-title never surrendered their protected tenancy rights and another written statement was filed in the suit. But, the parties not produced any relevant documents as per their contention.”
As noted above, the respondents filed C.R.P.No.5756 of 2000 against t
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