ACHUTA REDDY Vs. CUSTODIAN EVACUEE PROPERTY ANDHRA PRADESH

JUDGEMENT

(1.) On the 30th Azur 1359-F. corresponding to 30th October, 1949 a notification was made under section 6 of the Hyderabad Evacuee Property Regulation (LXXI of 1358-F.) declaring all the immovable property of Syed Mustafa Kamal, son of Nawab Kasim Yar Jung Bahadur, Jubilee Hills, Hyderabad Dn., as also shares and securities etc., as evacuee properties within the terms of the said regulation and therefore, vesting in the Custodian of Evacuee Property.

(2.) The petitioner herein claims to be a permanent lessee of the lands measuring 275 acres and 2 guntas situate in Bolaram village, Yellareddyguda taluk, Nizamabad district from pattedar Sri Syed Mustafa Hussain, son of Nawab Kasim Yar Jung under a permanent lease, dated 1st Theer 1356-F. (1st May, 1947). On the 9th August, 1955, the Tahsil Office at Yellareddyguda issued orders for taking over the said property into Government supervision on the ground that they formed part of the property which had been declared as evacuee property in the notification mentioned above. The petitioner filed an application before the Custodian, Evacuee Property objecting to the taking over of the lands contending that he was in possession of the lands under an unregistered permanent lease dated 1st May, 1947, which he obtained on payment of a lump sum of Rs. 3,300. He also contended that he was entitled to remain in possession as a protected tenant. A further contention was raised that his lessor Mustafa Hussain and Syed Mustafa Kamal who was the evacuee were two different persons. The Custodian after protracted proceedings, ultimately, by his order dated 27th March, 1963, negatived the contention that the petitioner's lessor and Kamal, the evacuee were different persons. He held that the document RELIED ON was only a receipt and could not be RELIED ON as a lease as it was not properly stamped and was not registered. He, however, held that the question whether the petitioner was a protected tenant may be examined by the Collector, Nizamabad. He directed that the land may be transferred to the petitioner on payment of tbe value in accordance with the local Land Reforms Act and if he was not a protected tenant he directed that the land can be transferred to him on payment of the value as payable by ordinary tenants or at the rate of Rs. 450 per acre which ever is more, in addition to the lease money at the rate of two assessments per year for the period of his occupation.

(3.) In pursuance of this order, a notice was issued on 20th April, 1963 by the Collector asking the petitioner to file documents to prove his possession. Ultimately, an order was passed on 3rd October, 1964 that action may be taken to evict the petitioner. The petitioner filed a W.P. No. 1783 of 1967 for the issue of a writ declaring that the order of the Collector dated 3rd October, 1964 and the subsequent order of the Tahsildar dated 29th April, 1967 seeking to dispossess him in pursuance of the order of the Collector are void. By its order dated 28th October, 1968 this Court dismissed the writ petition.