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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, J.
Smt. R. Suneetha - Petitioner
Versus
The Assistant Commissioner - Respondent
Civil Miscellaneous Appeal No. 102 of 2023
Decided On : 20-03-2023
EVICTION OF ENCROACHER - ANDHRA PRADESH CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT 30 OF 1987 - SECTIONS 83, 84 - RESPONDENT HELD TO BE AN ENCROACHER AND DIRECTED TO VACATE THE SCHEDULE PROPERTY - TRIBUNAL'S ORDER CONFIRMED.
Fact of the Case:
The respondent, who participated in an auction conducted by the temple for the lease of a small kutcha house on its premises, became the highest bidder and took possession of the property. After the lease period expired, the respondent continued to occupy the property without vacating it despite several requests and demands from the temple. The temple filed an application before the Tribunal for eviction of the respondent.
Finding of the Court:
The Tribunal held that the respondent was an encroacher as contemplated under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (Act 30 of 1987) and directed her to vacate the schedule property and pay damages for use and occupation.
Issues: 1. Whether the respondent was an encroacher as defined under Section 83 of Act 30 of 1987? 2. Whether the Tribunal erred in ordering eviction of the respondent without giving her any preferential rights over the shop's possession and enjoyment?
Ratio Decidendi: 1. The respondent, by continuing to occupy the schedule property after the expiry of the lease period without any authority, became an encroacher as defined under Section 83 of Act 30 of 1987. 2. The Tribunal did not err in ordering eviction of the respondent as the temple had no intention of continuing the respondent in the schedule premises in view of the proposed development for which an approved plan was already obtained and C.G.F. funds were granted.
Final Decision: The civil miscellaneous appeal was dismissed confirming the decree and order of the Tribunal passed in OA No.240 of 2014 dated 28.11.2022. The respondent was directed to vacate and deliver the petition schedule property to the 2nd petitioner-temple, within one month from the date of receipt of a copy of the judgment.
JUDGMENT :
This appeal has been filed under Section 84 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 (for short ‘Act 30 of 1987’), against the decree and order dated 28.11.2022 passed by the Andhra Pradesh Endowments Tribunal, Amaravati at Pedakakani, Guntur District (for short ‘the Tribunal’) in OA No.240 of 2014.
2. The appellant herein is the respondent and the respondents herein are the petitioners before the Tribunal. For the sake of convenience, the parties to this appeal hereinafter referred to as petitioners and respondent as they arrayed before the Tribunal.
3. Brief facts of the case are that the 2nd petitioner i.e., Sri Kota Anjaneya Swamy Temple, Fort Road, Kurnool Town & District, is a temple governed under Section 1 of the Act 30 of 1987. The 2nd petitioner-temple is the absolute owner of residential vacant land situated around the temple in Sy.No.35/5/C1A1, in which some small extent of ‘kutcha houses’ were constructed as detailed in the schedule for maintenance of the temple i.e., through the income derived there from. Public auction was conducted by the temple on 02.01.2011 for a period of two years and the respondent also participated in the auction and became the highest bidder. In pursuance of the bid, the respondent took possession of the property and paid the rents. The said lease was expired by 31.12.2013 and the said lease is not extended further. In spite of lapse of lease period, the respondent has been continuing in the schedule premises and she is not vacating the same even after repeated requests and demand made by the 2nd petitioner. Hence, the 2nd petitioner constrained to file application for eviction of the respondent.
4. The respondent filed counter-affidavit contending that, initially the schedule premises is a vacant site and it was allotted to her ancestors in the year 1980 and subsequently, she succeeded to the same. They raised constructions by spending huge amounts and she has been continuing till today with her family by paying the rents regularly. The respondent has no other source of income for his livelihood. The 2nd petitioner, under the guise of development, requesting the respondent to vacate the premises, having allowed her to enjoy the property for more than seven decades and as such, he contends that requirement of the schedule property itself is illegal. It is further stated that without issuing any notice, straightaway filed the application before the Tribunal by the 2nd petitioner, which is illegal and prays to dismiss the petition.
5. To substantiate their contentions, on behalf of the petitioners, the single trustee of the temple, was examined as PW.1 and got marked Exs.P.1 to P.14. On behalf of the respondent, she herself examined as RW.1, but no documents were marked on her behalf.
6. The Tribunal after hearing both parties in detail and on careful perusal of oral and documentary evidence available on record, allowed the application on 28.11.2022, directing the respondent to vacate and deliver the vacant possession of the petition schedule property to the 2nd petitioner-temple within one month and further directed to pay an amount of Rs.500/- per month towards damages for use and occupation of the temple property from the date of decree, till the date of delivery of the property, to the 2nd petitioner-temple. The Tribunal also directed the Station House Officer concern, to provide necessary police assistance to implement the order, on request of the petitioners, in the event of failure of respondent in complying with the order and decree.
7. Aggrieved by the said order and decree of the Tribunal, the respondent filed the present appeal.
8. Heard Sri T. Ramakoteswara Rao, learned counsel for the appellant, who is the respondent before the Tribunal, and Sri G. Ramana Rao, learned standing counsel for Endowments representing the respondents, who are the petitioners before the Tribunal and perused the material available on record.
9.
A person who continues to occupy the temple property even after the expiry of the lease period is an encroacher and liable to be evicted.
Tenants cannot assert adverse possession if they acknowledge ownership and pay rent, as per the interpretation of Section 83 of the Act.
The main legal point established in the judgment is the application of Section 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987 to resolve ownership disputes a....
Without valid lease, mortgage, or license, continued possession of the property would render the person an encroacher under Sec. 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions a....
The central legal point established in the judgment is the definition of encroachment under Sec. 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act 30 of 1987, an....
The absence of a valid lease in the petitioner's name negates his claims to occupancy and challenges to eviction; eviction procedures under the Endowments Act must be strictly followed.
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