STATE OF ANDHRA PRADESH Vs. MOHD MUNTAZUDDIN KHAN

JUDGEMENT

(1.) The sole defendant in O.S. No. 35 of 1984, on the file of the Subordinate Judge, Medak, filed by the sole plaintiff, the deceased 1st respondent herein; approached this Court, feeling aggrieved by the decree dated 18-04-1991 passed in the said suit. For the sake of convenience, the parties herein are referred to, as arrayed in the suit. The plaintiff filed the suit for the relief of recovery of possession of an extent of 1649 acres of land in different survey numbers of the Villages of Taherkhanpet and Chitkul of Medak District and Badamvanigudam of Nalgonda District; for recovery of a sum of Rs. 2,53,58,400/-, towards past mesne profits; future mesne profits @ Rs. 2,000/- per acre, per dry lands, and Rs. 700/- per acre for wet lands; excise income from toddy trees @ Rs. 4,000/- per year, and income for Tamarind trees @ Rs. 4,000/- per year.

(2.) The plaintiff pleaded that he has succeeded to the suit schedule property and was in possession and enjoyment of the same for several years. It was stated that he went to pilgrimage to Haj in the year 1949, and by the time he returned, the possession of the entire land was taken, claiming to be under the provisions of the A.P. (Telangana Area) (Abolition of Jagirs) Regulation, (for short "the Regulation"). He stated that when he found that the land was taken over by the defendant and their authorities, he filed O.S. No. 31 of 1963 against two individuals, by name, Khaja Taher Ali Khan, and Asmatunnissa Begum, and Jagir Administrator, in the Court of III Additional Judge, City Civil Court, Secunderabad, for the relief of declaration and possession and the suit has been decreed on 30-07-1963. It was stated that though the Jagir Administrator has made an attempt to file appeal against the decree in O.S. No. 31 of 1963, the application filed under Section 5 of the Limitation Act was dismissed, and thereby, the decree became final.

(3.) It was alleged that though he filed number of representations with the defendant, for re-delivery of the possession of the land and payment of mesne profits, no steps were taken for quite a long time. It was stated that after prolonged correspondence, the Government passed certain orders, admitting the factum of taking possession of the land of the plaintiff and releasing the land at Taherkhanpet Village from the purview of the Regulation. He submitted that despite these developments, he was not handed over possession of any land, nor was paid any mesne profits, and prayed for the relief, referred to above.