RANGA SADANANDAM Vs. S NARASIMHACHARY

JUDGEMENT

(1.) This Civil Revision Petition filed-under Article 227 of the Constitution of India arises out of the order dated 23-4-1986 passed by the Joint Collector Nalgonda, in Case No. A7/J C/15/79 in exercise of the suo motu power conferred on him under Sub. Sec. (5) of the Sec. 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, hereinafter referred to as 'the Act'.

(2.) Sri Seeloji Anantham, who is the father of Respondents 1 to 5 and the husband of the 6th respondent and two other persons respondents 11 and 12 were the joint protected tenants in respect of the land situate in S. Nos. 272, 273, 274. 275,276,277,280 and 281 admeasuring Ac. 61. 12guntasof Goskonda village. Bhongir Taluk, Nalgonda District. According to them, they purchased the land from Sri Gopalarao, the father of respondents 8,9 and 10 who was the original land owner on 11-12-1960 and they filed an application under Sec. 38-A of the Act before the Revenue Divisional Officer, Bhongir, in the year 1966 for a declaration that they were the purchasers of the said land. In that application a counter was filed by respondents 8.9 and 10 herein in the year 1971. In the year 1973 a compromise petition was filed before the Sub- Collector stating that so far as Marri . Rajamma, respondent No. 12 is concerned, the matter was compromised. It is stated by the learned counsel for respondents 1 to 7 that the said application filed under Sec. 38-A of the Act has not so far been disposed of and it is still pending.

(3.) While so, the petitioners herein purchased the said land of Ac. 61.12 guntas from respondents 8,9 and 10 on 23-2-1970 and on 10-8-1970 respondents 1 and 3 herein are alleged to have filed an application surrendering their protected tenancy rights in respect of the said land under Sec. 19 of the Act. It is submitted by Sri Y. Sivarama Sastry, learned counsel for the petitioners that on that application, the Tahsildar made an endorsement on 11-8-1970 recording his satisfaction as to surrender as required under the first proviso to Section 19 (1) (a) of the Act.