MOHAMMAD ABDUL AZIZ Vs. GOLLA BHUMAVVA

JUDGEMENT

(1.) The facts giving rise to this writ petition are as follows. The dispute in this writ petition relates to Ac. 7-29 guntas of land in Chintalangaram village of Banswads Taluk, Nizamabad district. One Golla Bhumavva, the grandmother (mothers mother) of respondents 1 and 2 executed a mortgage with possession in respect of the aforesaid land on 17th Shaherevar 1353 Fasli in favour of one Abbas Bee, wife of Syed Ibrahim for Rs. 300.00. While so, Syed Ibrahim appears to have endowed the said land to the Jama Masjid at Banswada on 21-9-1953. The said land was registered as a wakf on 26-6-1954.

(2.) The 1st respondent filed a petition on 17-1-1977 under S. 4 read with S. 6 of the Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 for a declaration that the mortgage debt stood discharged, and for delivery of the said lands to the respondents 1 and 3. The petitioner filed a copy of the registered mortgage deed and also copies of the extracts of the pahanies for the years 1949-50 to 1953-54 and the pauthi book showing payment of land revenue from 1973 onwards. The said application was opposed by the petitioner stating that the said land was endowed by Syed Ibrahim after purchasing the same, and that the respondents did not object to the registration of the lands as wakf, and that the respondents were not entitled to recover possession of the same. It was also contended that the respondents were not the legal heirs of the mortgagor, Bhumavva and that they were not the owners of the land.

(3.) Before the Tribunal, Banswada, a pedigree of the family was filed by the respondents showing that the original mortgagor Bhumavva died leaving one daughter Lingavva, and that Lingavva also died leaving two daughters Bhumavva and Mallavva, the respondents 1 and 2 herein. The patta for the land was mutated in the name of Mallavva, the 2nd respondent. Both the respondents 1 and 2 appeared before the Tribunal and deposed that they were living jointly marrying one Laxmaiah, and that they were the legal heirs of Smt. Bhumavva, the mortgagor. They also examined two witnesses Nalla Poshaiah and Peeraiah to speak to their relationship to the original mortgagor. The entries in the khasra pahanies and the pahanies show that Mallavva was the legal heir of the deceased Bhumavva. No evidence was produced on behalf of the petitioner to rebut the evidence produced on behalf of respondents 1 and 2. On the aforesaid evidence, the Tribunal came to the conclusion that respondents 1 and 2 are the legal heirs of the original mortgagor Bhumavva, and that they were entitled to seek relief under the provisions of the Act.