*THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND *THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY + CIVIL REVISION PETITION No. 3580 of 1999 Between:

Digamabara Rao and another … Revision Petitioners AND Joint Collector, R.R. District and others … Respondent JUDGMENT PRONOUNCED ON : 06.10.2025 SUBMITTED FOR APPROVAL:

1. Whether Reporters of Local newspapers : Yes/No may be allowed to see the Judgment ?

2. Whether the copies of judgment may be : Yes/No marked to Law Reports/Journals

3. Whether Their Lordship/Ladyship wish : Yes/No to see the fair copy of judgment _____________________________ ABHINAND KUMAR SHAVILI, J _______________________________ VAKITI RAMAKRISHNA REDDY, J THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CIVIL REVISION PETITION No.3580 of 1999 % 06.10.2025 Between :

# Digamabara Rao and another … Revision Petitioners AND $ Joint Collector, R.R. District and others …Respondents ! Counsel for the Revision Petitioners : Sri B. Mahender Reddy ^ Counsel for Respondents : Sri Vishwanath Reddy , < GIST :

> HEAD NOTE : ? Cases referred :

1. W.P.No.3002 of 2022 decided on 04.07.2023

2. 2006 (5) ALD 348

3. CRP No.982 of 1973 decided on 29.03.1974

4. W.P.No.14924 and 1503 of 2021 decided on 27.07.2021

5. 2005 (3) ALT 313 (D.B.)

6. (1996) 6 SCC 223 7. (2008) 9 SCC 368 THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY CIVIL REVISION PETITION No.3580 of 1999 ORDER: (Per Honourable Sri Justice Vakiti Ramakrishna Reddy)

This Civil Revision Petition is preferred by the petitioners aggrieved by the order dated 05.07.1999 (hereinafter referred to as the “Impugned Order”) passed by the learned Joint Collector, Ranga Reddy District in Case No.F2/569/96 confirming the order dated 20.10.1994 passed by the Mandal Revenue Officer in File No.D/4366/94, wherein succession certificate was granted in favour of respondent Nos.3 and 4 herein in respect of lands in Sy.Nos.143 and 144 of Tandur Village.

I. BRIEF FACTS OF THE CASE:

2. The factual backdrop to the present revision is as follows:

a) The case of revision petitioners is that they are the owners and possessors of agricultural lands in Sy.Nos.143 and 144, admeasuring approximately Ac.1.33 guntas and Ac.1.36 guntas respectively, situated in Tandur Village and Mandal, Ranga Reddy District. These lands originally stood in the name of their father, late Rama Rao. Through an oral partition among the brothers, Sy.No.143 was allotted to Digambara Rao and Sy.No.144 was allotted to Prakash Rao. The said oral partition was recognized and confirmed by the Mandal Revenue Officer of Tandur in the year 1991 and their names were subsequently mutated in the revenue records as owners and possessors of their respective lands. Since then, the petitioners have been in peaceful possession and enjoyment of these properties as absolute owners.

b) Respondents Nos.3 and 4, Baboomia and M.A. Raheem, claiming to be the sons and legal heirs of late Hussanmia, filed an application under Section 40 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 presently known as Telangana Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as “the Tenancy Act”) seeking issuance of succession certificate over the same lands. They claimed that their father viz., late Hussanmia was a protected tenant in respect of the said lands and as such they were entitled to succession. However, the petitioners disputed their claim by contending that late Hussanmia was never a protected tenant, but only a mortgagee in possession under a 20 year usufructuary mortgage executed by their father, which had since been redeemed, thereby reverting the possession to the petitioners. The petitioners alleged that the Mandal Revenue Officer, Tandur, granted the succession certificate in favour of the respondent Nos.3 and 4 without proper notice to the petitioners or conducting any proper enquiry.

c) Aggrieved by the sam