IMPORTANT POINT
The Tribunal lacks jurisdiction to resolve title disputes over endowment properties, which must be adjudicated in civil courts.

JUDGMENT :

K. MANMADHA RAO, J.

1. All the Civil Miscellaneous Appeals are filed against the common order dated 30.09.2016 passed in O.A. Nos. 407, 408, 411, 412, 413, 414, 416, 417, 419, 420, 421, 422, 423, 425, 426, 427, 428, 430, 431, 432 and 433 of 2012 on the file of the A.P. Endowments Tribunal at Pedakakani.

2. As the issue involved in these civil miscellaneous appeals is one and the same, these matters are taken up together for disposal by this Common Judgment.

3. The facts in these appeals are similar and identical, therefore CMA No. 182 of 2017 is taken as lead case, and the facts therein are referred to for convenience.

4. The facts of the case are that the 2nd petitioner is an institution that was published under Section 6(c)(i) of the Endowments Act 30/1987 vide R. Dis. No. J3/42590/1987 of the Commissioner Endowments Department, A.P. Hyderabad. The said Kunta is spread over in an extent of Ac 24.97 cents in S. No. 632 of Addanki which is meant for drinking water purpose and the said Kunta was managed by the then Trustee Sri Karri Parasaiah and thereafter, his lineal decedents managed for certain period. The said Kunta has got landed property in an extent of Ac 32.80 cents in S. No. 1004 of Addanki. In the Resurvey Settlement Register, it shows that it is an Inam land granted in favour of 2nd petitioner Kunta and Karri Perraiah was the then trustee. In 10(1) Account, it was clearly mentioned that the owner of the said land is Karri Parasaiah Kunta and it is its Manyam represented by the Trustees Karri Venkata Swamy and others. As per the extract of Inam-1 B Register, the land was mentioned as Dharmadayam belongs to the said Kunta (Tank). As per approved Property Register under Section 43 of Endowments Act 30/1987 dated 12.11.2009 issued by the Assistant Commissioner, Endowment Department, Ongole, the said land belongs to 2nd petitioner temple. No. 3 Adangal also shows the same. As the trustees of Karri family mismanaged the said property, the institution was appointed Executive Officers.

5. The 2nd petitioner issued registered notices dated 25.4.2011 to the respondents in all the cases, asking to show their rights in the land otherwise legal action would be initiated. Accordingly, some respondents were issued reply dated 30.5.2011 stating that the said Kunta was a private charitable endowment or a private charitable trust and the land of Ac 32.80 cents in S. No. 1004 was owned and enjoyed by the family of Karri Parasiah and their lineal decedents, who partitioned the said property and they acquired title by prescription and they sold the properties as owners. Accordingly, the 2nd petitioner and others have filed W.P. No. 32266 of 2011 before this Court seeking for declaration that the proposed auction of lease hold rights without evicting the petitioners in due process of law, is illegal and arbitrary. The said writ petition was disposed of by this Court vide order dated 21.03.2012 with a direction to the respondents to deliver vacant possession. In spite of repeated demands, the respondents failed to vacate. Hence the applications were filed.

6. The respondents filed their counters in all the applications with common defence that the Court has no jurisdiction to entertain the petitions, nobody claimed the schedule properties. It is further stated that the lands were treated as private lands. It is further stated that the respondents are owners of the petition schedule properties and they are bona-fide purchasers for value. The 2nd petitioner has no title to the property. Several documents clearly establish that the respondents and their predecessors in title are in possession and enjoyment of the same as absolute owners. A copy of order dated 24.2.1993 issued by the Principal Secretary to Government reveals that the Commissioner, Endowments Department sought permission of the Government to give the leasehold rights for fishing in Sri Karri Parasaiah Kunta to one Batula Srinivasa Reddy for a period of six years from 1993-