Telangana High Court
Pasula Bandappa vs Kursali Narsaiah on 11 February, 2022
Bench: P.Sree Sudha
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
FRIDAY THE TWENTY EIGHTH DAY OF JANUARY,
TWO THOUSAND AND ELEVEN
: PRESENT:
THE HON'BLE SRI JUSTICE : V. SURI APPA RAO
SECOND APPEAL No. 937 OF 2010
(Appeal Under Section 100 of CPC. against the judgment and
decree of the Court of the District Judge at Mahaboobnagar, made in
A.S. No. 42 of 1993, dated 23-07-1998 preferred against the judgment
and decree of the Court of the District Munsiff at Kodangal, passed in
O.S. No. 100 of 1986, dated 29-10-1993)
Between:
Kurasli Narasaiah S/o Pulappa.
Appellant
AND
1. Pasula Bandappa S/o Ushappa (died) Per LRs, R/o Angadi Raichoor
Village, Kodangal Mandal, Mahaboobnagar District. A.P.
2. Smt. Bheemamma W/o Ramulu, R/o Angadi Raichoor Village,
Kodangal Mandal, Mahaboobnagar District.
(Respondent No. 2 brought on record on LR of deceased Respondent
No.1 as per Court order dated 8-6-2009 in SAMP. No. 2520 of 2007)
..Respondent
The Appeal coming on for hearing upon perusing the grounds filed
herein and the order of the High Court dated 06-11-1998 made in CMP. No.
22516 of 1998 and upon hearing the arguments of Sri T. Murlidhar Rao,
Advocate for the Appellant and of Sri Advocate on behalf of the Respondent,
the Court made the following:
ORDER:
The appellant herein filed the suit O.S.No.100 of 1986 before the District Munsif,
Kodangal, Mahabubnagar district for declaration of his title, recovery of possession
and mesne profits against one Pasula Bandappa. The suit was decreed as prayed
for. In the appeal filed by the defendants, the first appellate Court dismissed the suit
on 23-7-1998.
Originally, the suit was filed basing on Ex.A-1 Provisional Allotment Certificate
dated 27-5-1977 issued by the Tahsildar, Kodangal Taluk in favour of the
appellant/plaintiff. The defendant contended that he was also allotted Ac.1-92 cts., in
the same Survey Nos.173 and 174 of Angadi Raichur Village of Kodangal Taluk,
Mahabubnagar district. On the top of Ex.B-1, there was an endorsement that in
partial modification of the order issued vide Dis.A1/1569/77, dated 27-5-1977, Ex.B-
1 allotment was made to the respondent. The plaintiff contended that the above
endorsement was made by the then Patwari of the village. Unfortunately, the
Government is not a party to the suit or to the appeal suit, which were disposed of
long back. The appellant filed this second appeal against the judgment and decree
passed by the first appellate Court i.e., the District Judge, Mahabubnagar.
Learned counsel for the appellant contended that the endorsement made on
Ex.B-1 is manipulated, therefore the defendant did not summon the Revenue
records though the burden lies on him to prove Ex.B-1.
Therefore, in the interest of justice and to know the correct facts about the
genuineness of Exs.B-1 and B-2 Provisional Allotment Certificates issued by the
Tahsildar, Kodangal subsequent to Ex.A-1, which was issued in favour of the
appellant/plaintiff, it is just and necessary to call for the entire records pertaining to
the Provisional Allotment Certificates issued under Exs.A-1, B-1 and B-2.
(Contd. 2. )
.2.
The record further indicates that though several letters were written to the
District Collector, Mahabubnagar no action has been taken against the respondent,
who is in occupation of the land allotted to the appellant since more than 30 years. If
it is proved that Exs.B-1 and B-2 allotments are false and created to defeat the
rights of the appellant, much injustice has been caused to the appellant from
enjoying the property since 30 years though he was allotted land under the scheme
for landless poor people.
It is also contended that the defendant is not a small farmer and that he is
having Ac.17-00 of land.
Therefore, to adjudicate the genuineness or otherwise of Ex.B-1 Provisional
Allotment Certificate, it is felt that the entire records pertaining to File
Nos.A1/1569/77, dated 27-5-1977 (Ex.A-1); A1/4771/78, dated 15-02-
1979 (Ex.B-1) and A4/4771/79, dated 15-02-1979 (Ex.B-2) are to be called for.
Therefore, in the above facts and circumstances, the District Collector,
Mahabubnagar is directed to produce the files relating to the Provisional Allotment
Certificates issued under Ex.A-1 in favour of the appellant/plaintiff Kurasali
Narasaiah and under Exs.B-1 and B-2 in favour of the respondent/defendant
(Pasula Bandappa), before this Court within 15 days from the date of receipt of a
copy of this order.
Registry is directed to send a copy of this order along with photo copies of the
Provisional Allotment Certificates under Exs.A-1, B-1 and
B-2 to the District Collector, Mahabubnagar, immediately.
Post on 17-02-2011.
ASSISTANT REGISTRAR
// TRUE COPY //
for ASSISTANT REGISTRAR
To
1. The District Collector, Mahabubnagar, Mahabubnagar District.
( BY SPEED POST WITH A COURT DIRECTION TO SEND A COPY
OF THIS
ORDER ALONG WITH PHOTO COPIES OF THE PROVISIONAL
ALLOTMENT CERTIFICATES UNDER Exs. A-1, B-1 and B-2 )
2. The District Judge at Mahaboobnagar.
3. The District Munsiff at Kodangal, Mahaboobnagar District.
4. The Section Officer, V.R. Section, High Court o A.P., Hyderabad ( BY
SPECIAL MESSENGER)
5. T h e Section Officer, Second Appeal Section, High Court of A.P.,
Hyderabad ( BY SPECIAL MESSENGER)
6. One CC to Sri T. Murlidhar Rao, Advocate (OPUC)
7. One spare copy.
BV
HIGH COURT
VSAR.J
DATED: 28-01-2011
NOTE:
POST ON 17-02-2011
ORDER
S. A.NO. 937 OF 1998
DIRECTION
MOST URGENT
(BY SPEED POST )
DRAFTED: BY BV
DATED : 03-02-2011
HIGH COURT
VSAR.J
DATED: 28-01-2011
NOTE:
POST ON 17-02-2011
ORDER
S. A.NO. 937 OF 1998
DIRECTION
