Civil Appeal Nos. 6900-6906 and 6907-6946 of 2001. Case: 1. Pinninti Kistamma and Ors., 2. Duvvada Parsuram Chowdary and Ors. Vs 1. Duvvada Parsuram Chowdary and Ors., 2. Pinninti Kistamma and Ors.. Supreme Court (India)
| Case Number | Civil Appeal Nos. 6900-6906 and 6907-6946 of 2001 |
| Counsel | For Appearing Parties: Jitendra Sharma, Sr. Adv., P.N. Jha, Minakshi Vij, V.G. Pragasam, P.S. Narasimha, L. Roshmani, Sekhar G. Devasa, Sanjay Bansal, G.K. Bansal and P.N. Jha, Advs |
| Judges | Tarun Chatterjee and Harjit Singh Bedi, JJ. |
| Issue | Estate Land Act, 1908 - Section 3; Madras Estates Abolition and Conversion into Raiyotwari Act, 1948 - Section 2; Andhra Pradesh Record of Rights in Land Act, 1971; Civil Procedure Code (CPC) - Order 47, Rule 1 - Section 114; Constitution of India - Article 136 |
| Citation | 2010 (2) ALT 49 (SC), 2010 (1) SCALE 393, (2010) 2 SCC 452, 2010 (3) UJ 1312 (SC) |
| Judgement Date | January 08, 2010 |
| Court | Supreme Court (India) |
Judgment:
Tarun Chatterjee, J.
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These two batches of appeals are directed against the judgment and decree dated 27th of March, 1997 passed by the High Court of Andhra Pradesh at Hyderabad in Second Appeal Nos. 361 of 1996 & batch and Second Appeal Nos. 374 of 1996 & batch and also against the judgment and order dated 10th of September, 1997 of the same High Court in Review Petition Nos. 6980 of 1997 and batch whereby the High Court modified its earlier order dated 27th of March, 1997.
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The Appellants in CA Nos. 6900-6906 of 2001(hereinafter called the `Tenants'), filed O.S. Nos. 43 of 1980 and batch (7 suits) claiming tenancy rights in respect of 19.80 Acres of land in Kambirigam Village and also prayed for permanent injunction restraining the Respondents in C.A. Nos. 6900-6906 of 2001, who are also the appellants in C.A. Nos. 6907-6946 of 2001 (hereinafter called as the `Landlords') from interfering with their possession over the said land. The Landlords also filed Cross Suits being OS Nos. 75/1980 and batch (13 suits) praying for injunction restraining the Tenants from interfering with the peaceful possession of an extent of land measuring 181 Acres which also included the aforementioned 19.80 Acres.
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The case of the Tenants in their suits was that the plaint schedule lands formed a part of the pre-settlement un- enfranchised Inams in Kambirigam Mokhasa in the erstwhile Tarla Estate, Tekkali Taluk. They had been cultivating the plaint schedule land as tenants from time immemorial under inamdars, predecessors-in-interest of Landlords by paying Rajbhagam paddy to them. In 1804, the British Government granted "Sannad" to the Tarla Estate wherein Kambirigam was described as a Jagir which was an Estate within the meaning of Section 3 of the Estate Land Act, 1908. However, no patta was granted to the Landlords or their predecessors-in-interest. Therefore, according to the tenants, the rights of the Landlords in respect of the lands in question vested in the Government by virtue of Madras Estates Abolition and Conversion into Raiyotwari Act of 1948. (for short `Estates Abolition Act'). The tenants had complained to the Revenue Authorities alleging that the Revenue records were manipulated by the Landlords. Pursuant to this, Tehsildar, Palasa conducted an enquiry wherein it was found that the Tenants and other raiyots were occupants and cultivators in the Revenue Records for Fasli 1389. Being aggrieved by these orders, Landlords filed a Writ petition, which came to be registered as W.P. No. 3189 of 1980 before the High Court of Andhra Pradesh claiming that they were not given an opportunity to be heard in the enquiry conducted by the Tehsildar. Allowing the Writ Petition, the High Court vide its order dated 24th of August, 1982 quashed the order of the Tehsildar. However, the High Court had given liberty to the Tehsildar to conduct a fresh enquiry after giving due hearing to the parties. Accordingly, the Tehsildar Palasa, conducted an enquiry again and passed an order dated 10th of September, 1984, declaring the Tenants and others as cultivators in Kambirigam village and further observed that since the time of their ancestors, the Tenants and others had been cultivating the lands in dispute separately and also making payment to the Mokhasadars. This order was confirmed by the Collector and Commissioner of Land Revenue.
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In the cross suits filed before the District Munsif, the Landlords claimed to be the Mokhasadars of Kambirigam Mokhasa. According to them, the Plaint Schedule Lands are their absolute property which fell to their respective shares in the family arrangement among their respective family members inter se in or about the year 1945. Ever since such arrangement, they had been in exclusive possession and enjoyment of their respective land as described in the schedule of the plaint. According to the Landlords, Kambirigam village did not fall within the ambit of Section 2(d) of the Estates Abolition Act. No patta was granted to the Landlords because the village was not surveyed.
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By its judgment and order dated 21st of July, 1987, the District Munsif, Palasa, decreed the suits filed by the Tenants praying for an order of permanent injunction, restraining the Landlords from interfering with their plaint schedule lands. By a separate order, District Munsif dismissed the cross suits filed by the Landlords praying for an order of injunction against the Tenants.
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Being aggrieved by the said judgment of the District Munsif, Palasa dated 21st of July, 1987, the Landlords preferred two sets of Appeals before the Principal Subordinate Judge, Srikakulam. From the suits filed by the Tenants, i.e. O.S. Nos. 75 of 1980 and batch the appeals were numbered as A.S. No. 12 of 1996 and batch (i.e. 13 appeals) and from the suits filed by the Landlords, i.e. O.S Nos. 43 of 1980 and batch the appeals were numbered as A.S. No. 11 of 1996 and batch (i.e. 7 appeals). The Principal Subordinate...
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Appeal Suit No. 4141 of 2003. Case: Indukuru Ramachandrareddy and Another Vs Agnigundala Venkata Ranga Rao. High Court of Andhra Pradesh (India)
... ... O.S.No.98 of 1998 by the Additional Senior Civil Judge, Narsaraopet, whereby and whereunder, the ... area in some other land covered by Survey Nos.807/1, 21/2, 102/2C and 176. The Land Reforms ... revision was dismissed as withdrawn on 03.08.2001 ... 10. Basing on the above rival pleadings, the ... reported in Nallam Veera Stayanandam and Ors. V. The Public Prosecutor, High Court of A.P ... The Supreme Court in Puran Singh case, (1975) 4 SCC 518, 527, ... and others 2005 (3) ALT 379 (DB) Pinniti Kistamma and others Vs. Duvvada Parsuram Chowdary and ... ...
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Appeal Suit No. 4141 of 2003. Case: Indukuru Ramachandrareddy and Another Vs Agnigundala Venkata Ranga Rao. High Court of Andhra Pradesh (India)
... ... O.S.No.98 of 1998 by the Additional Senior Civil Judge, Narsaraopet, whereby and whereunder, the ... area in some other land covered by Survey Nos.807/1, 21/2, 102/2C and 176. The Land Reforms ... revision was dismissed as withdrawn on 03.08.2001 ... 10. Basing on the above rival pleadings, the ... reported in Nallam Veera Stayanandam and Ors. V. The Public Prosecutor, High Court of A.P ... The Supreme Court in Puran Singh case, (1975) 4 SCC 518, 527, ... and others 2005 (3) ALT 379 (DB) Pinniti Kistamma and others Vs. Duvvada Parsuram Chowdary and ... ...