P.DHARMA REDDY Vs. ANJI REDDY

JUDGEMENT

(1.) An extent of Ac.55.53 guntas of land in survey Nos.162, 107 and 130 of Bellapur village was acquired for the purpose of Singoor Project. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was published on 27.12.1988. In the Award enquiry, the appellants on the one hand and the respondents 1 to 14 on the other hand presented their claims for compensation. While respondents claimed compensation exclusively for themselves, the appellants wanted the compensation to be divided into six shares and the amount representing two shares must be paid to them. In view of the rival claims before him, the Land Acquisition Officer referred the matter to the Court of District Judge, Medak at Sanga Reddy, under Section 30 of the Act. It was taken up as O.P.No.105 of 1992. Through its order dated 19.06.2000, the trial Court rejected the claim of the appellants. Hence this appeal under section 54 of the Act.

(2.) Sri V.Ravi Kiran Rao, learned counsel for the appellants submits that the acquired property is part of land held by late Sanga Reddy whose daughter Gangamma was married to Thippareddy. He submits that through Gangamma, Thippareddy had four sons by name Narasimha Reddy, Kista Reddy, Sanga Reddy and Anji Reddy; and that their legal representatives are the respondents. He contends that after the death of Gangamma, Thippareddy married Hanumamma, two sons by name Dharmareddy, first appellant and Sai Reddy, deceased second appellant are born out of that wedlock. He submits that Thippareddy went as an illatum son-in-law to Sri Sanga Reddy and thereby he became the exclusive successor to the property. Alternatively, learned counsel submits that during his lifetime, Sri Sanga Reddy executed an agreement marked as Ex.A.35 wherein he provided for share in his properties to the children of Thippareddy through Hanumamma, along with the children of Gangamma. Third contention of the learned counsel is that a partition has taken place between the children of Thippareddy in the year 1977-78 and that the land in survey numbers 107 and 130 fell to the share of his clients. He further submits that the fact that Ex.A.35 was acted upon is evident from the entries in the revenue records; and that the trial Court has taken a hypertechnical view of the matter and rejected the claim of the appellants.

(3.) Sri M.Rajamalla Reddy, Sri K.Raja Reddy and Sri Y.Ashok Raj, learned counsel for the contesting respondents on the other hand submits that the properties left by Sanga Reddy were inherited by the children of his daughter i.e. four sons named above and that the appellants who are the children of Thippareddy through Hanumamma have absolutely no right or claim vis--vis the acquired land. They submit that Ex.A.35 is a fabricated document and no mention thereof was made at any stage, prior to the filing of O.P. They further submit that Thippareddy has acquired fairly vast extent of land in Muqdoompur village and the whole of it is under the ownership and possession of the respondents. It is also their case that the two branches of the family have filed declarations under Andhra Pradesh Land Reforms (Ceiling on Agriculture Holdings) Act, 1973 in respect of the lands held by them; It is stated that while under Exs.A.7 to A.11 the children of Gangamma filed declaration in respect of the lands in Bellapur village, the appellants filed declarations in Ex.A.13 in respect of Maqdoompur village. They submit that the so called partition pleaded by the appellants is only a fiction, and the trial Court has taken correct view of the matter.