Legal heirs are entitled to contest the classification of property under the Registration Act and must receive fair consideration for their claims unaffected by past decisions.

ORDER :

B Krishna Mohan, J.

Heard the learned counsel for the petitioners, the learned Government Pleader for Endowments appearing for the respondent Nos.3 & 4 and the learned Assistant Government Pleader-Revenue appearing for the respondent Nos.1, 2 & 5.

2. This writ petition was filed questioning the action of the respondents in showing the property of petitioners bearing D.No.(New) 37-1-56 covered under three T.S.Nos.94, 95 and 96 totally admeasuring 65 gadis situated at Ongole Town and Municipality, Prakasam District, under prohibitory list u/s.22(A)(1)(C) of Registration Act.

3. The learned counsel for the petitioners submits that the petitioners’ grandfather Ch.Venkateswarlu purchased five different properties from the year 1952 onwards bearing D.No.(New) 37-1-56 on the Eastern side adjoining the Trunk Road of Ongole Town and Municipality covered under three T.S.Nos.94, 95 & 96 and developed them as a single portion which were given D.No.(New) 37-1-56 by the Municipal Authorities. After the demise of their grandfather, the father of the petitioners became the absolute owner of the said property and enjoyed the possession of the same without any interruption. After his demise, the petitioners became the legal heirs of their father and succeeded the said property. The petitioners’ grandfather’s vendor by name Aravapalli Panakalu filed a suit in O.S.No.69 of 1943 on the file of District Munsiff Court, Ongole basing upon the sale deed dated 24.04.1942 and the said suit was decreed on 09.10.1944 which was upheld in A.S.No.350 of 1944 on the file of Sub Court, Bapatla vide its judgment dated 30.08.1945. Thus, she submits that the petitioners have got the flow of title over the said property.

She further submits that the petitioners’ grandfather purchased the same along with adjacent properties under different registered sale deeds from different vendors. The Municipal records also reveal that the property in question was listed in unendowed properties. Out of the properties purchased by the petitioners’ grandfather in T.S.Nos.94, 95 and 96 totally admeasuring 65 gadis, an area of 24 gadis comes under T.S.No.95 of Ongole Municipality. The subject extent of 24 gadis in T.S.No.95 which was the subject matter of O.S.No.69 of 1943 on the file of District Munsiff Court, Ongole dated 09.10.1944 is not an endowed property and the same is a separate property which was never used as choultry and the same was in possession and enjoyment of the petitioners’ family members.

When a part of the above said property was leased out to one Mr.T.S.Hariharan, with a malafide intention to continue in the said property, he submitted a representation to the Endowments Department by furnishing an old registered partition document No.228 of 1888 dated 10.02.1888 wherein it was mentioned to utilize some portion of the property for charitable purposes to claim it as an endowed property. When the petitioners’ father, during his lifetime, instituted O.S.No.162 of 1993 on the file of Additional Subordinate Court, Ongole against the said tenant Mr. Hariharan for eviction and damages, the Assistant Commissioner, Endowments filed I.A.No.465 of 1996 in O.S.No.162 of 1993 to implead and the same was dismissed on 11.06.1996.

The single Trustee of Dharma Sathram filed a Revision before the erstwhile High Court in C.R.P.No.2178 of 1999 against the order dated 09.06.1999 in E.P.No.125 of 1999 in O.S.No.162 of 1993 and the same was dismissed on 04.11.1999 with an observation that there is no justification as to why the petitioners invoked the extraordinary jurisdiction of the Hon’ble Court under Art. 227 of the Constitution of India instead of availing the remedies under Civil Procedure Code, to revise the order dated 09.06.1999 in E.P.No.125 of 1999 in O.S.No