JUDGMENT (S.B. SINHA, J.)

1. Leave granted.

2. Whether the civil court has jurisdiction to entertain a suit for partition for division of respective shares amongst the members of a joint family, when in respect of some of the lands, occupancy right has been granted in favour of one of them in terms of the provisions of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short `the Act) is the question involved herein.

3. The basic fact of the matter is not in dispute

4. One S. Ramakrishna Reddy was the owner of the properties. He had two sons, S. Ramachandra Reddy and S. Anantharam Reddy. S. Ramachandra Reddy died in the year 1968. He had two wives. Plaintiffs- Appellants are the first wife and the daughter of S. Ramachandra Reddy. The Defendants-Respondents are the son, second wife and the daughter of said S. Ramachandra Reddy.

5. The Legislature of the State of Andhra Pradesh enacted the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 which came into force on 20th July, 1955. In the year 1973, Section 8 was enacted in terms whereof a person in possession could be registered as an occupant of the land from the date of vesting thereof. The first respo