NIZAMUDDIN Vs. NARSAPPA

JUDGEMENT

(1.) This civil revision petition is filed against the order dated 21.8.1993 passed by the Joint Collector, Mahabubnagar affirming the order dated 8.4.1986 passed by the Revenue Divisional Officer, Narayanapet. This is the second round of litigation in the matter. It arises under the provisions of the A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950 (for short 'the Act').

(2.) Two brothers viz. Ismail and Sahabuddin held various extents of land in Parsapur Village of erstwhile Kodangal Taluk of Mahabubnagar District. On the death of his brother, Ismail held the entire land. He in turn died in 1954, leaving behind him four sons viz. Nizamuddin, Syed Moinuddin, Zainulabeddin and Mustaq Hussain. Respondents herein were declared as protected tenants of Ismail in respect of about Ac.50.00 of land in different survey numbers. The Revenue Divisional Officer passed an order dated 17.9.1975 conferring ownership rights upon the respondents under Section 38-E of the Act in respect of the lands for which they were declared as protected tenants.

(3.) Nizamuddin, the eldest son, challenged the same before the appellate authority, the Joint Collector. The appeal was dismissed through order dated 15.12.1977. Thereupon, he filed CRP No. 1158 of 1978 in this Court. His contention was that the property held by Ismail devolved upon, his four sons and thereby the holding of the land stood divided into four shares and the same ought to have been taken into account for the purpose of sub-section (7) of Section 38 of the Act. He also complained that neither he nor his brothers were issued any notices, before the Revenue Divisional Officer passed order under Section 38-E of the Act.