B.SUJATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Common Order dtd. 28/3/2008 in Case Nos.F2/3787/2005 and F2/3788/2005 passed by respondent No.3 - the Joint Collector-II, Ranga Reddy District, and consequential order dtd. 11/2/2019 in Proceedings No.B/637/2018 passed by respondent No.4 - the Tahsildar, Shankarpally Mandal, Ranga Reddy District, are challenged in this writ petition contending that those orders are contrary to the provisions of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act 1950 (for short 'Tenancy Act') and the Rules made thereunder.

(2.) Respondent No.5 - Mrs. M. Sridevi (since died, represented by her legal heir - respondent No.6 viz., Mr. Reddy Gokul Kumar) was the appellant in the appeals in Case Nos.F2/3787/2005 and F2/3788/2005 filed under Sec. 90 of the Tenancy Act challenging the orders passed by respondent No.4 in Case No.A/1139/97 dtd. 4/11/1997 and Case No.A/1138/1997 dtd. 25/8/2004. Respondent Nos.2 to 11 in the said appeals are legal heirs of the protected tenants Mr. Maheswaram Lingaiah alias Potti Linga and Mr. Talari Lakshmaiah.

(3.) It was claimed by respondent No.5 in the aforesaid appeals before respondent No.3 that one Mr. Jagannath Reddy was absolute owner, pattedar and exclusive possessor of the land admeasuring Acs.11-15 guntas in Survey No.692 situated at Janwada Village, Shankarpally Mandal, Chevella Taluka, Ranga Reddy District, and his name was recorded for the same as pattedar and possessor. The subject land was cultivated by one Potti Linga and Talari Lakshmaiah before 1950 and their names were recorded as protected tenants in the Final Record of the Protected Tenancy Register. In 1951, the said protected tenants Mr. Potti Linga and Talari Lakshmaiah, orally, surrendered their rights as protected tenants in respect of the subject land by putting the original pattedar Mr. Jagannath Reddy in possession of the same. Pahanies right from 1951-52, 1952-53, 1953-54 clearly indicate that Mr. Jagannath Reddy is pattedar and possessor of the subject land. In 1981, Mr. Jagannath Reddy sold the subject land to one Mr. Bojana Mallaiah under an unregistered sale deed and delivered possession of the same to him.