A VENKAT REDDY Vs. JOINT COLLECTOR

JUDGEMENT

(1.) This Civil Revision Petition (CRP) arises under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act').

(2.) The facts relevant for the purpose of this CRP are that the 1st petitioner purchased an extent of Ac.3-25 guntas of land in Sy. Nos.155 and 156 of Karkonda village of Nawabpet Mandal, Mahabubnagar district, in the year 1991, from the father of respondent No.8, who was the original owner. The petitioners 2 to 5 are the legal representatives of the 1st petitioner. They claim to be in possession and enjoyment- of the subject land. Respondent Nos.3 to 7 claiming to be the successors of one Mr. Siddaiah, the protected tenant, in respect of the very land, filed an application under Section 32 (could be Section 36) of the Act, before the 2nd respondent, the Mandal Revenue Officer, for restoration of possession of the subject land. The petitioners herein and respondent No.8 were issued notices by the 2nd respondent. In response to the same, they pleaded before the 2nd respondent that the original protected tenant, Mr. Siddaiah, surrendered his tenancy in the year 1954 itself and, as such, no tenancy in respect of the subject land, much less, a protected tenancy, existed after the surrender. It was further contended that the said Siddaiah died issueless and the protected tenancy held by him was in his personal capacity and, as such, respondent Nos. 3 to 7 have no right to claim delivery of possession. The 2nd respondent repelled both the contentions and through orders dated 3-5-1997, directed restoration of possession in favour of respondent Nos. 3 to 7.

(3.) The petitioners preferred an appeal before the 1st respondent, the Joint Collector, Mahabubnagar, under Sec. 90(1) of the Act. The 1st respondent, through-orders dated 10-3-1998, affirmed the findings recorded and directions given by the 2nd respondent. The CRP is directed against the order of the 2nd respondent as affirmed by the 1st respondent in their proceedings referred to above.