RAMACHANDRA REDDY Vs. BASAPPA

JUDGEMENT

(1.) The 1st petitioner, who is the owner of the lands bearing S. Nos. 93, 94 and 104 admeasuring Acs.17-19 guntas, Ac. 14-22 guntas and Ac.8.03 guntas situated in Rudraram village, Kodangal taluk, appears to have sold these lands to petitioners 2 to 5 respectively. The 1st respondent Basappa is the son of Venkappa, Narasappa and Pedda Basappa are the sons of Pentappa. The respondents herein laid an application under Section 32(1) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, for short "the Act", for restoration of possession of the lands in the aforesaid survey numbers except an extent of Ac.6-00 in S.No. 93. The Tahsildar ordered the petition. On appeal it was confirmed. This revision is filed against the snid order.

(2.) The averments made in the petition filed before the Tahsildar, Kodangal, are that Venkappa was a member of the joint family consisting of himself and his brother Pentappa, that protected tenancy certificate was granted in the name of Venkappa, that they have been in joint possession and enjoyment of the entire land and that about four years preceding the date of petition the 1st petitioner unlawfully ejected them by force. Therefore they sought lor restoration of possession.

(3.) In the counter-affidavit filed by the petitioners herein is is stated that Venkappa is the protected tenant, that he was murdered by the respondents and their father in the year 1966 and he died issueless. They further stated that after the original protected tenant entered into possession of the suit lands, he sold away a part of the land in S. No. 93 except of Ac. 6-00 of land for consideration. A validation certificate under Section 50-B of the Act was also issued and therefore respondents are not entitled to restitution of possession.