LOKRAJ Vs. KISHAN LAL

JUDGEMENT

(1.) This appeal by special leave arises from the division bench judgment dated 22/1/1986 made in CRP No. 1215 of 1977 of the High court of A. P. The respondent-plaintiff laid the suit OS No. 59 of 1968 in the court of the Chief Judge, City Civil court, Hyderabad for partition of the plaint schedule properties and for l/6th share therein. We are concerned in this appeal with the properties mentioned in 'b' Schedule of the plaint. It consists of 8 items, of which item 5 relates to lands bearing Survey Nos. 174, 175, 179, 192, 193 and 205 admeasuring 20 acres 21 gunthas situated in Attapur Village. The said land was acquired by the government to establish a zoo. The compensation was determined in OP No. 35 of 1963 by the First Additional Judge, City Civil court, Hyderabad. The rest of the properties are now found to be inam lands as per the finding of the High court:

(2.) On those admitted facts, the division bench proceeded to consider whether the suit for partition is maintainable. Section 3 of the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 as amended in 1967 (for short, 'the Act') , deals with the abolition and vesting of the inam lands. Section 3 (1 is relevant, which reads thus:

(3.) Therefore, notwithstanding any contra-usage, settlement etc. enumerates Section 3 (1, on and from the date of the Act the inams were abolished and inam lands stood vested in the State. Section 3 expressly saves certain properties from the vesting as enumerated in clauses (a) to (0 of sub-section (2 thereof, with which we are not presently concerned. Section 4gives right to registration by the inamdar as occupant. As per this section, every inamdar shall, with effect from the date of vesting, be entitled to be registered as an occupant of all inam lands other than the lands enumerated in clauses (a) to (c) therein. S. 6 to 8 deal with registration of permanent tenants as occupants, either protected tenants or non-protected tenants etc. Section 5 deals with registration of Kabiz-e-kadim tenants as occupants. Section 9 deals with vesting of certain buildings and inam lands used for non-agricultural purposes. Section 10 creates forum for determination of the entitlements in S. 4 to 9. Section 11 saves certain rights created under the Act before the date of vesting as inamdars. Section 23 deals with constitution of special tribunals and their power to deal with the questions arose therein. Section 24 gives right of appeal against the order passed by the authorities constituted under Section 10 to determine the questions enumerated in S. 4 to 9. Thus the Act is a complete code, abolished the inam, vested the land in the government and conferred rights on the persons in occupation enumerated, subject to the right of appeal and the decision thereon. The Act abolished existing rights and created new rights. Created forum to determine the rights and liabilities arising therefrom. The question, therefore, is whether the civil suit for partition is maintainable, after the estate was abolished.