MOHAMMAD JEELANI Vs. SYED JAMROUDDIN

JUDGEMENT

(1.) The short question involved in this Second Appeal relates to the jurisdiction of the civil Court to interfere with the decision of the Atiyat Court appointed under the A.P. (Telengana Area) Atiyat Enquiries Act, 1952. For proper appreciation of the question involved, it is necessary to state a few facts.

(2.) There is a Darga known as "Ahmad Khan Shaheed Shareef" situated at Bodhan. For rendering the services in the said Darga, an extent of Acs.1.14 guntas of land was originally granted in favour of three individuals jointly, namely, Anwar Shah, Ameena Bee and Ahmed All Shah, by Muntakhab bearing No.18914 dated 5th Rajab 1300 Hijri (Ex.A-1). As could be seen from the material on record, after the death of the original grantees succession was sanctioned in the name of Md. Ghansi alias Md. Khaja son of Mohinuddin Shah in File No.7/58 of 1349 Fasli corresponding to 1939 A.D. It may be mentioned that the said Md. Ghansi was the father of the first defendant, appellant herein. Subsequently succession was also granted in favour of Khairuddin, father of plaintiffs, respondents herein in Fasli 1351 corresponding to the year 1941 A.D. (Vide Ex.A-2). On the death of Mohd. Ghansi on 24-12-1958, the first defendant-appellant applied to the Sub-Collector, Bodhan, the Atiyat Court and competent authority, under the provisions of A.P. (Telengana Area) Atiyat Enquiries Act, 1952, to grant succession in his favour. Khairuddin, father of plaintiffs-respondents, opposed the said claim of the first defendant-appellant. The Atiyat Court, after due enquiry, by its proceedings dated 24-10-1979 (Ex.A-4) overruled the objections of Khairuddin and granted succession in favour of the first defendant-appellant. Questioning the said order, Khairuddin preferred an appeal before the )oint Collector, Nizamabad. During the pendency of the said appeal Khairuddin died on 9-1-1980 and the plaintiffs-respondents, who are his sons, came on record as his legal representatives. By order dated 9-3-1981 (Ex.A-5), the Joint Collector dismissed the appeal and confirmed the order of the Sub-Collector granting succession to the first defendant- appellant. Thereafter the plaintiffs- respondents filed an independent application once again before the Deputy Collector, Bodhan who issued a Memo dated 19-8-1981 therein (Ex.A-6) directing the plaintiffs-respondents to approach the civil Court. On the basis of the said Memo, the plaintiffs-respondents filed the present suit claiming the following reliefs:

(3.) The suit was resisted by both the defendants inter alia on the grounds that the orders passed by the Atiyat Court as confirmed by the appellate authority are final and binding on the plaintiffs and they have no right to question the same and the civil Court has no jurisdiction to entertain the suit.