THOTA SRIDHAR REDDY Vs. MANDALA RAMULAMMA

JUDGEMENT

(1.) These two appeals are directed against the order passed by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh whereby revision under Section 28 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955(For short, the 'Inams Act ') was allowed on 3.6.2019 while setting aside the order dated 19.2.1982 passed by the Revenue Divisional Officer granting occupancy rights to Shri Thota Balakrishna Reddy, predecessor-in-interest of the present appellants(Hereinafter referred to as the 'purchaser ') in respect of the land measuring 31.05 guntas falling in survey Nos. 53, 54, 55, 56, 61 and 62 in Village Jeedimetla as well as the order dated 4.12.2017 passed by the Joint Collector whereby the appeal filed on behalf of the protected tenant, represented by Mandala Ramulamma, wife of Mandala Yettaiah(For short, the 'protected tenant ') was dismissed. The resultant effect of such order of the High Court was that the occupancy rights granted to the purchaser stood annulled.

(2.) Now, the purchaser seeks restoration of the occupancy rights granted in their favor on 19.2.1982 in the present appeals. On the other hand, the protected tenant claims such rights on the strength of certificate granted to Mandala Yettaiah on 20.3.1975 under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950(For short, the 'Tenancy Act ').

(3.) It is not in dispute that one Mandala Lakshmaiah was the protected tenant over the land measuring 19 acres and 16 guntas bearing Survey Nos. 53, 54, 55 and 56 in Village Jeedimetla, District Hyderabad. The tenancy rights were said to be surrendered orally in favor of Shri Thota Balakrishna Reddy in the year 1954. The original Inamdar Jayaram Rao and Venkateshwar Rao executed sale deed of the land measuring 19 acres and 16 guntas on 5.7.1957 in favor of the purchaser- Shri Thota Balakrishna Reddy. On the same day, the protected tenant has also purportedly sold the tenancy rights in favor of the purchaser.