IMPORTANT POINT
The court reaffirmed that transactions involving immovable property in Agency tracts are void unless made to members of Scheduled Tribes, emphasizing the need for plaintiffs to prove their title.

JUDGMENT:

M.G. Priyadarsini, J.

Aggrieved by the judgment and decree dated 10.05.2023 in O.S.No.12 of 2021 (hereinafter will be referred as ‘impugned judgment’) passed by the learned Agent to Government, Bhadradri Kotthagudem (hereinafter will be referred as ‘trial Court’), the plaintiffs preferred the present appeal to set aside the impugned judgment.

2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.

3. The brief facts of the case, which necessitated the appellants to file the present appeal are that, the plaintiff Nos.1 to 4 filed suit for declaration, recovery of possession and perpetual injunction against the defendants in respect of suit schedule property. The averments of the plaint in brief are as under :

(a) The Plaintiffs are sons of late Kakati Peeralah S/o. late Veeraiah belonging to schedule caste community and residents of Vengannapalem village & panchayat of Julurupadu Mandal, Bhadradri Kothagudem District. The plaintiffs are grandchildren of late kakati Veeraiah, who was the absolute owner and pattadar of the agriculture land bearing Sy.No.253 to an extent of Ac.11-00 guntas situated at Gundepudi village in Gundepudi panchayat now at present within the jurisdiction of Vengannapalem Panchayat. The lands are situated in Agency Area, as such, they are governed by Agency Laws and Regulation 1/70 Act. The lands are VETTI CHAKIRI LANDS i.e. the lands were donated to KAKATI VEERAIAH as he rendered services to the Government as servants. The lands are donated to him in the year 1955-58 and since 1955 Kakati Veeraiah was in possession and enjoyment of the property, his name was entered in KASRA PAHANI and PAHANIES as PATTADAR AND POSSESSOR. The Vettichakiri Lands are INAM lands and they are prohibited from alienation. Moreover, the Regulation 1/70 Act came into force from March, 1970, as per which all kinds of transactions in between non tribes are void ab initio. Kakati Veeralah and his wife died long back. Kakati Veeraiah blessed with 3 children namely, 1) Kakati Peeraiah, 2) Kakati Mysaiah, 3) Kakati Ramaseti. Kakati Veeraiah partitioned his property among his children. Accordingly, Kakati Veeraiah's son Kakati Peeralah got Ac.4-00 guntas of the land in Sy.No.253/A situated at Vengannapalem revenue village, Julurupadu Mandal, Bhadradri Kothagudem i.e., suit schedule property. Kakati Peeralah blessed with 4 children namely, 1) Kakati Laxminarayana, 2) Kakati Venkateswarlu, 3)Kakati Nagesh, 4) Kakati Ravi Kumar. That Kakati Peeraiah and his wife Kakati Nagamma died long back. After death of Kakati Peeraiah and Nagamma, the plaintiffs succeeded to the suit schedule property as class-I legal heirs. The plaintiffs are only entitled to claim the rights over the suit schedule property.

(b) The defendant Nos.1 and 2 are concerned with RCM Church, which is having office at Karunagiri, Naidupeta near bridge Warangal Bypass Road, Khammam Town and Mandal. The defendant No.2 is looking after managing of churches under his jurisdiction and taking care about the defendant No.1’s church at Vengannapalem Village. The plaintiffs and their father have not sold the suit schedule property to the defendant Nos.1 and 2. Taking advantage of innocence of the plaintiffs, the defendants illegally occupied the suit schedule property based on alleged void documents and denying the title and rights of the plaintiffs. The defendants are alleging that they have obtained valid permission with plan from the defendant No.3 to construct shopping complex in the suit schedule property. In fact, the defendant No.3 has not sectioned any permission or approved any plan for construction of the alleged shopping complex in favour of defendant Nos.1 and 2.

(c) It is pertinent to mention that the property situated in Agency Area, as such, governed by Agency Laws. All kinds of transaction in between the non tribes is null and void and the outcome of the void document is void, based on void document no one