HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

JUDGMENT :

Common Order dated 28.03.2008 in Case Nos.F2/3787/2005 and F2/3788/2005 passed by respondent No.3 - the Joint Collector-II, Ranga Reddy District, and consequential order dated 11.02.2019 in Proceedings No.B/637/2018 passed by respondent No.4 - the Tahsildar, Shankarpally Mandal, Ranga Reddy District, are challenged in this writ petition contending that those orders are contrary to the provisions of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act 1950 (for short ‘Tenancy Act’) and the Rules made thereunder.

2. Respondent No.5 - Mrs. M. Sridevi (since died, represented by her legal heir - respondent No.6 viz., Mr. Reddy Gokul Kumar) was the appellant in the appeals in Case Nos.F2/3787/2005 and F2/3788/2005 filed under Section 90 of the Tenancy Act challenging the orders passed by respondent No.4 in Case No.A/1139/97 dated 04.11.1997 and Case No.A/1138/1997 dated 25.08.2004. Respondent Nos.2 to 11 in the said appeals are legal heirs of the protected tenants Mr. Maheswaram Lingaiah alias Potti Linga and Mr. Talari Lakshmaiah.

3.1. It was claimed by respondent No.5 in the aforesaid appeals before respondent No.3 that one Mr. Jagannath Reddy was absolute owner, pattedar and exclusive possessor of the land admeasuring Acs.11-15 guntas in Survey No.692 situated at Janwada Village, Shankarpally Mandal, Chevella Taluka, Ranga Reddy District, and his name was recorded for the same as pattedar and possessor. The subject land was cultivated by one Potti Linga and Talari Lakshmaiah before 1950 and their names were recorded as protected tenants in the Final Record of the Protected Tenancy Register. In 1951, the said protected tenants Mr. Potti Linga and Talari Lakshmaiah, orally, surrendered their rights as protected tenants in respect of the subject land by putting the original pattedar Mr. Jagannath Reddy in possession of the same. Pahanies right from 1951-52, 1952-53, 1953-54 clearly indicate that Mr. Jagannath Reddy is pattedar and possessor of the subject land. In 1981, Mr. Jagannath Reddy sold the subject land to one Mr. Bojana Mallaiah under an unregistered sale deed and delivered possession of the same to him.

3.2. Khasra Pahani of 1954-55 clearly shows that Mr. Jagannath Reddy was pattedar and Mr. Bojana Mallaiah was cultivator and Khangi Khareeddar (purchased under an unregistered sale deed). From the date of purchase till 1981, the subject land was in possession and cultivation of Mr. Bojana Mallaiah and his name was also recorded as pattedar and possessor in the revenue records. Subsequently, ownership of the subject land was changed which is as under:

Thus, respondent No.5 purchased the subject land from one Mr. Syed Sayeed Bin Aslam and Mr. Badar Bin Azzan through registered sale deed dated 26.04.2001 for a valuable consideration.

3.3. The Revenue Divisional Officer, Chevella Division, passed ex parte order in Proceedings No.L/2325/2004 dated 28.12.2004, under Section 38(6) of the Tenancy Act in respect of the subject land in Survey No.692 of Janwada Village, Shankerpally Mandal, Ranga Reddy District, in favour of the legal heirs of the protected tenants (respondent Nos.2 to 11 in the appeals) which was challenged by respondent No.5 before respondent No.3 by way of appeal in Case No.F2/2472/2005 which is pending consideration. Meanwhile, respondent No.5, having learnt about the orders passed by respondent No.4 in Proceedings No.A/1139/1997 dated 04.11.1997 under Section 40 of the Tenancy Act and the consequential order under Section 32 of the Tenancy Act in Proceedings No.A/1138/1997 dated 25.08.2004, preferred appeals in Case Nos.F2/3787/2005 and F2/3788/2005 before respondent No.3.

3.4. It was contended by respondent No.5 that as the protected tenants viz., Mr. Potti Linga and Mr. Talari Lakshmaiah have surrendered their protected tenancy rights in respect of the subject land in 1951 itself by putting the original land lord Mr. Jagannath Reddy in possession