Judgment

T.S. Thakur, J.

1. This appeal has been placed before this larger bench pursuant to a reference made by a Division Bench of this Court comprising S.B. Sinha and Lokeshwar Singh Panta, JJ. The reference Order reported in N. Padmamma and Ors. v. S. Ramakrishna Reddy and Ors. (2008) 15 SCC 517 formulates the following question for determination:

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.

2. We may before adverting to the precise question and the rival contentions urged before us, briefly recapitulate the facts:

3. S. Ramakrishna Reddy original owner was survived by his sons, namely, S. Ramachandra Reddy and S. Anantharam Reddy. The former passed away in the year 1968 leaving behind two wives, two daughters and a son. In this appeal the two wives and their children are pitted against each other. While the Appellants-Plaintiffs in this ap