M. VENKATAPATHI NAIDU Vs. A. P. ENDOWMENTS TRIBUNAL

JUDGEMENT

(1.) The petitioner herein claims ownership and possession of Ac.3.80 cents of land in Sy.No.396 and Ac.4.62 cents of land in Sy.No.435 of Kattamanchi Revenue Village, Chittoor District. This land is said to have been purchased from the 2nd respondent, by way of a deed of sale dtd. 29/10/1982, registered as document No.7208 of 1982, registered with the Sub-Registrar, Chittoor.

(2.) The petitioner traces the title of this land in the following manner.

(3.) The 2nd respondent, who was the owner of the aforesaid land admeasuring Ac.8.42 cents had leased out this land to one M. Pachiappa Mudaliar, by way of a public auction held on 10/9/1971, on an annual rent of Rs.1700.00, for a period of six years. This lease also obtained the approval of the Commissioner, Endowments Department. As M. Pachiappa Mudaliar had defaulted in payment of the lease amounts, O.S.No.344 of 1975 was filed by the 2nd respondent, before the District Munsiff Court, Chittoor for recovery of the lease amount and for possession of the property. While, the said suit was pending, M. Pachiappa Mudaliar inducted the petitioner into possession of the said property. Thereafter, the petitioner entered into a fresh lease with the 2nd respondent, for a period of six years, from 19/12/1979 to 18/12/1985 on an annual lease of Rs.4,525.00. This was approved by the Commissioner, Endowments vide proceedings in L.Dis.No.A2.A2/18920/80-2 dtd. 22/4/1980. Thereafter, the petitioner had also paid an amount of Rs.17,427.00 to the 2nd respondent towards the arrears of lease payable by M. Pachiappa Mudaliar. Thereafter, this payment was ratified by the Commissioner, Endowments in proceedings vide ROC.No.A2/18920/80-1, dtd. 29/4/1980. Permission was also accorded to withdraw O.S.No.344 of 1975 and the same was also withdrawn.