G. APPA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is in possession of 109.30 sq. Yards of land in Mangalavarapu peta, Rajahmundry, East Godavari District. He constructed a thatched house and is presently staying in the said house. The 3rd respondent filed O.A.No.2105 of 1992 before the Deputy Commissioner, Endowment Department, Kakinada, under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, to evict the petitioner. This O.A. was disposed of by an ex parte decree on 27.06.2004 directing the petitioner to vacate the property. The respondents did not take any action on this decree and finally on 19.10.2020, the 3rd respondent issued the impugned notice, demanding the petitioner to vacate the property failing which action would be taken for evicting him.

(2.) The petitioner has now approached this Court against the said impugned notice on the ground that the said notice is barred by limitation, inasmuch as, Schedule to Article 136 of the Limitation Act prescribes limitation of 12 years for execution of any decree from the date of the said decree. In the alternative, even if schedule to Article 137 of the Limitation Act, which is residuary entry, would be applied the period available would only be three years. In such circumstances, the impugned notice is barred by limitation.

(3.) The respondents have filed counter affidavit submitting that the Limitation Act would not apply to the present case as the Endowments Act itself is a self contained code which has to be taken to have excluded the provisions of the Limitation Act.