AFZALUNNISA BEGUM Vs. IREDDY SANJEEVA REDDY

JUDGEMENT

(1.) The unsuccessful appellants before the Joint Collector, Karimnagar filed the present Civil Revision Petition assailing the order in appeal No. C3/14339/89, dated 9-11-1990. facts leading to the filing of the Civil Revision Petition are briefly stated hereunder:

(2.) 16 items of land in various survey numbers of Konur village, Odela Mandal and 11 items of land in different survey numbers in Madipalli Mandal, Sreerampur Mandal, Karimnagar District were held by Md. Habeebuddin Farooqui, predecessor-in-interest of the appellants (hereinafter referred to as "the original land holder"). These lands were in occupation of the respondents or their predecessors-in-interest as protected tenants. The tenants approached the Revenue Divisional Officer, Peddapalli for issue of ownership certificates under Section 38E of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short "the Act"). The Revenue Divisional Officer has accordingly granted the ownership certificates during the lifetime of the original land holder. Neither the appellants filed a copy of the proceeding of the Revenue Divisional Officer nor gave the date on which the ownership certificates were issued. In the absence of any such details, at least the year, if not the date, in which the ownership certificates were issued, is not known. The original land holder died on 21-11-1984. The appellants filed an appeal in the year 1989 seeking setting aside of the ownership certificates issued by the Revenue Divisional Officer, Peddapalli. This appeal was dismissed by the Joint Collector, Karimnagar, by his order dated 9-11-1990.

(3.) While attacking the order of the Joint Collector, Smt. Manjari S. Ganu, the learned counsel for the petitioners submitted that in order to confer ownership on a protected tenant, the holding of the landholder shall not be less than two times the family holding. She stated that the petitioners have pleaded before the Joint Collector that as the family is entitled to two family holdings, ownership certificates shall not be issued unless it is shown that the land held by them is two times the family holdings i.e., four family holdings. She further stated that the Revenue Divisional Officer did not issue notice either to the original land holder during his life time or to the petitioners under Rule 5(2) of the A.P. (Telangana Area) Protected Tenants (Transfer of Ownership of Lands) Rules 1973. In support of her submission that the family of the land holder does not hold more than four family holdings, the learned counsel filed proceedings No. P/1028/75, dated 1-9-1977 of the Land Reforms Tribunal, Peddapalli.