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 appeal are the first wife and her daughter, the Defendants-Respondents are the son, second wife and the daughter left behind by the deceased.

4. Civil Suit No. 933 of 1981 filed by the Plaintiffs (Appellants herein) before the II Additional Judge, City Civil Court, Hyderabad, sought a decree for partition of the property left behind by S. Ramachandra Reddy by metes and bounds. The plaint inter alia, stated that Ramchandra Reddy and his brother late Anantharam Reddy had acquired several items of immovable properties including agricultural land admeasuring 26 acres, 37 guntas, residential house bearing M.C.H. No. 2-2-977 and Mulgi M.C.H. No. 2-2-1010 situate at Bagh Amberpet, Musheerabad Taluka of Hyderabad district. In the partition between the two brothers, the suit schedule properties fell to the share of Ramachandra Reddy. The Plaintiff's case was that after the death of Ramachandra Reddy, the parties continued to jointly own and possess the properties in dispute and being self-acquired property of Ramachandra Reddy, each one of the five heirs were entitled to 1/5th share in the same.

5. The suit was contested by the Defendants-Respondents, inter alia, alleging that agricultural lands covered by Surveys No. 21 to 28 were inams lands which were acquired by the grandfather of Defendant-Respondent No. 1 and enjoyed by him as holder by paying land revenue. It was further alleged that upon a partition between late Shri Anantharam Reddy and S. Ramakrishan Reddy that took place in the year 1960 land underlying Survey Nos. 21-28 and house bearing M.C.H. No. 2-2-977 and Mulgi M.C.H. No. 2-2-1010 situate at Bagh Amberpet, Musheerabad Taluka of Hyderabad district was allotted in favour of Ramchandra Reddy after whose death Defendant No. 1 came in possession of the said properties. Defendant No. 1 also claimed to have constructed a new house after demolition of the old. Besides, he acquired occupancy rights in respect of Survey Nos. 21-28 under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 mentioned earlier. The Defendant's case, therefore, was that he had by reason of the grant of occupancy rights in his favour become the absolute owner and occupant of the inams lands underlying Survey Nos. 21-28 in which the Plaintiffs could claim no share. It was also alleged that agricultural land covered by Survey Nos. 282/1, 283/1, 283/2, 283/3, and 284 measuring 5 acres and 16 guntas was purchased to the extent of 1/2 by Defendant No. 1 with the help of money which Defendant No. 1's grandmother had provided for that purpose. Defendant No. 1 was, therefore, the absolute owner of the said property comprising items 9-13 of plaint 'A' schedule.

6. The Trial Court framed as many as six issues and by its judgment and order dated 24th April, 1989 decreed the suit