EDUKANTI KISTAMMA Vs. S VENKATAREDDY

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 9.10.2002 of the Andhra Pradesh High Court passed in Civil Revision Petition No. 4229 of 2001 and CC No. 829 of 2002 by which the High Court set aside the concurrent findings of fact recorded by the Additional Revenue Divisional Officer, Land Reforms Tribunal and the Appellate Tribunal to the effect that predecessor-in-interest of the appellants were protected tenants under the provisions of The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter called as "The Act 1950").

(2.) The facts and circumstances giving rise to this case are that predecessor-in-interest of the appellants claimed to be protected tenants and sought ownership certificates to become full owners of the suit land.

(3.) The respondents, herein, claimed to have purchased the land from the original land holder and sought to disentitle the appellants of their rights. As per the tenancy register of 1951, the predecessor-in-interest (E.Verraiah) of the Appellant No.1 alongwith one B. Ramchander had been shown as tenants in respect of the lands in survey Nos. 50, 61 and 74. Similarly, the Tenancy Register of 1958 revealed that the predecessor-in-interest of the appellant Nos. 2 and 3 and some other persons were tenants in respect of survey Nos. 51, 52, 53 and 54. On introduction of the Andhra Pradesh Land Ceiling Act, 1973 (hereinafter called as "Act 1973"), a provisional list dated 31.12.1974 was issued showing the predecessor-in-interest of the appellants as protected tenants of the said lands. The respondents filed objections dated 18.2.1975 before the Additional Revenue Divisional Officer (hereinafter called as "RDO") claiming that their predecessor-in-interest i.e. father had purchased the said land from the original tenure holder Smt. Ayesha Begum in the year 1954. Therefore, appellants may not be issued the ownership certificates under Section 38-E of the Act 1950.