MUSUNURI SATYANARAYANA Vs. DR.TIRUMALA INDIRA DEVI

JUDGEMENT

(1.) Special leave granted. With consent of counsel for the parties, the appeals were heard finally. The appellant is aggrieved by an order of the High Court of Judicature at Hyderabad for the State of Andhra and Telangana; Dated 12.06.2015 in CRP No. 816/2015 and CRP No. 3591/2015 dismissing his revision petitions.

(2.) The appellant (hereafter called "Musunuri Satyanarayana") had approached Andhra Pradesh Tenancy Tribunal (hereafter "the tribunal") claiming various reliefs under Section 16 (1) of the Andhra Pradesh Tenancy (Andhra Area) Act (hereafter "the Tenancy Act") i.e. for declaratory relief that the price of the schedule land i.e., Rs. 1,25,000/per acre is reasonable and stood accepted by the first respondent (hereafter "Indira Devi") by receiving the first instalment of Rs. 49,125/- by demand draft; that he was entitled to pay the balance sale price of Rs. 4,42,125/- to Indira Devi in nine instalments; for a declaration that two registered sale deed documents (hereafter "the impugned sale deeds") executed by Indira Devi in favour of the second and third respondents (collectively called here as "contesting respondents" or "purchasers") are void and for injunction against the respondents to prevent them from interfering with his possession and tenancy of the petition schedule lands. The tribunal granted the reliefs; the appellate authority (District Judge) upset that order and the High Court affirmed the District Judge's order, dismissing the appellant's revision petitions.

(3.) Indira Devi's husband -late Dr. T. Veeraiah- had three brothers Dr. T. Suryanarayana, Dr. T. Seshagiri Rao and T. Satyanarayana a retired Engineer (R&B). T. Suryanarayana and T. Seshagiri Rao were settled in the United States of America. T. Satyanarayana also used to be in the USA for some time; he returned to Hyderabad to his daughter's house. After the death of their father Narasaiah, the said four brothers got landed properties. Dr. T. Suryanarayana appointed Indira Devi as his general power of attorney. Her husband, T. Veeraiah died intestate on 04-02-2002. In terms of his will, his share of the properties devolved on Indira Devi. These properties were situated at Mulukuduru and other places. After her husband died, Indira Devi became the absolute owner of all the properties, and she was a land lady within the meaning of the provisions of Tenancy Act. Indira Devi, for herself and on behalf of Dr. T. Suryanarayana (as his general power of attorney) filed A.T.C.No.5/02 on the file of Special Officer, Ponnur against the appellant, one Pamidi Koteswara Rao, Vezendla Rama Krishna, Chakravarapu Papa Raju, her brother, her brother-in-law T. Satyanarayana and Marupudi Gnana Prasada Rao Under Section 16(1) of the Tenancy Act to declare that the lease between the appellant and the other respondents relating to the appellant's 2/4th share in agreed maktha(Agreed rent, either in cash or in kind, in the form of a measure of agricultural produce.) due for the years 2002-2003 and in future either to T. Satyanarayana or to Marupudi Gnana Prasada Rao.