(1.) Heard both the Counsel and perused the records.
(2.) This revision petition is filed under Section 91 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred in short as 'Act') against an order made by the Joint Collector, Medak at Sangareddi in Case No.FD/23/TEN/97/ F3/4557/97 dated 12-3-2001.
(3.) The Joint Collector, Medak at Sangareddi had allowed the appeal and remanded the matter to the Mandal Revenue Officer, Wargal for fresh enquiry and disposal of the application under Section 32 of the Act keeping in view contain observations made therein. The contention of the respondents in the present revision, who are the appellants before the Joint Collector, is that their father Durgaiah was the protected tenant of the subject land which was recorded both in provisional and final tenancy registers and after his demise they succeeded to his rights under Section 40 of the Act. It was also stated that the suit filed by the respondents in the appeal i.e., the revision petitioners in O.S.No.119 of 1988 on the file of the District Munsif Court, Gajwal and also CMA No.8 of 1990 on the file of the Subordinate Judge, Siddipet were dismissed and those judgments show their possession. It was also contended that the Mandal Revenue Officer had totally erred in granting relief on the ground that the respondents in the appeal who are the revision petitioners have been in possession of the disputed lands. The Joint Collector at para 5 of the order has observed as follows: