THALLAPAKAM ANANTHACHARYULU Vs. THALLAPAKAM VENKATA KRISHNAMACHARYULU

JUDGEMENT

(1.) This revision petition is directed against the order in IA.No.240/1994 in OS.No. 254/1984 on the file of Additional Subordinate Judge, Tirupati, dt. 29-11-1995, appointing an Advocate Commissioner under Order XXVI Rule 13 read with Section 151 of the Code of Civil Procedure to divide the plaint schedule property into six equal shares by metes and bounds and for passing a final decree in terms of preliminary decree.

(2.) The facts and circumstances emerging from the contentions of both sides in brief are: The parties herein except respondents 2 and 3 are direct descendants of Tallapakam Annmacharya, the great poet and Composer and a well known devotee of Lord Veukateswara. The land bearing S. Nos. 586, 647 and 649 situated at Tirumala Hills admeasuring 28 acres 50 cents was an inam granted by the Emperor of Vijayanagara Sri Krishna Devarayalu to the great poet by title deeds 2920 and 2921. After the enforcement of A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, for short the 'Act', the Inams Deputy Tahsildar suo-motu passed an order under Section 3 of the Act, dt. 24-1-1960, holding that (i) the land is an inam land; (ii) it is in ryotwari village, and (iii) that it was held by an Institution i.e., Tirumala Tirupati Devastanam, for short T.T.D.' The parties herein who are descendants of original owner Tallapakam Annamacharya were not given any notice. T.T.D. filed an application in M.P.No.4/1962 for resuming the land from the inamdars on the ground that the service conditions are nor fulfilled. As ryotwari patta was already issued in favour of the Executive Officer, T.T.D., the above application was rejected on 30-6-1964. T.V.Srinivasa Sesha Charyulu, father of revision petitioners No.1 to 5 and respondent No., questioned the above proceedings before the Commissioner of Survey, Settlement and Land Records in Revision in CaseNo.VII/251/82 and the same was allowed by an orderdt. 19-8-1982 and the matter was remanded to the Inams Deputy Tahsildar for fresh enquiry. On remand, the mams Deputy Tahsildar conducted fresh enquiry and by an order dt. 29-8-1993 held that (i) it is an inam land; (ii) it is in ryotwari village, and (iii) it is not held by T.T.D. T.T.D., unsuccessfully carried the matter in appeal and then in revision before the Commissioner of Survey, Settlement and Land Records. Then T.T.D. filed W.P.No. 11895/1986 questioning the finding that the above inam land was not held by T.T.D. while T.V.Charyulu filed W.P.No. 11437/1986 seeking compensation for the land to an extent of 3 acres 50 cents occupied by T.T.D. The writ petition filed by T.T.D. was allowed and the one filed by T.V.Sesha Charyulu was dismissed by a learned single Judge by a common order. T.V.Sesha Charyulu filed Writ Appeals W.A. Nos. 1752/1987 and 4/1993 and both of them were allowed holding that the inam was not held by T.T.D. Thereupon T.T.D. filed Civil Appeal Nos. 3468 and 3469 of 1993 in the Supreme Court and both the appeals have been dismissed on 11-1-1955 and thereafter Review Petitions Nos. 683 and 684 of 1995 were also dismissed on 9-5-1995. Thus, the litigation between the parties herein and T.T.D. has come to an end.

(3.) During the pendency of above litigation, the Inams Deputy Tahsildar issued notices to all the brothers of Tallapakam Family and granted patta in favour of five brothers (revision petitioners 1 to 5) on 17-7-1984 while rejecting the claim of respondent No.1 herein. Respondent No.1 filed an appeal before the appellate authority aggrieved by the rejection of his claim. He also filed a Civil Suit in OS.No. 254/1984 in the Court of Principal Subordinate Judge, Tirupati, for partition of the above land into six equal shares. It is to be noted that T.V. Sesha Charyuludied in the year 1972 after executing a will bequeathing all his properties equally in favour of his sons viz., revision petitioners 1 to 5 and respondent No.l. Respondent No.l based his claim for l/6th share on the aforesaid will. It is his case that late T.V. Sesha Charyulu, father of himself and revision petitioners 1 to 5 was alive on the date of commencement of the Act and hence he was inamdar on the date of the commencement of the Act and that therefore he was entitled to ryotwari patta under Section 4 of the Act. Thus, he succeeded in Os. No. 254/1984 on the file of principal Subordinate Judge, Tirupati and he was declared to be entitled for 1/6th share in 'A' schedule property i.e., an extent of 28 aces 50 cents in S.Nos. 686, 645 and 679. However, the appeal filed by him before the Appellate authority against the order of Inams Deputy Tahsildar was dismissed stating that the competent civil Court was seized of the matter. Thereupon respondent No. 1 filed a Revision before the Commissioner, Survey, Settlement and land Records and sought for grant of patta to an extent of 1/6th share in the said lands. A copy of the decree in OS. No. 254/1984 was filed in the said revision. The Commissioner allowed the revision on 17-5-1994. Thereafter, the Revenue Divisional Officer set aside the patta granted in favour of revision petitioners 1 to 5 on the basis of the order of the Commissioner and started denovo enquiry. The revision petitioners filed W.P.No. 2264/1996 questioning the said order of Revenue Divisional Officer. While so, the impugned order in IA.No:240/1994 in OS.No. 254/1984 is passed on 29-11-1995. Hence, this revision petition is filed assailing the above order dt. 29-11-1995.