Mr.K.Satyanarayana Reddy v. Mr.Chinna Mallaiah

HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 6625 OF 2006 DATED 5TH AUGUST, 2010.

BETWEEN K.Satyanarayana Reddy ....Petitioners and Chinna Mallaiah and ors ....Respondents.

HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 6625 OF 2006 ORDER:

Aggrieved by the orders of the Revenue Divisional Officer, Hyderbad East Division, Ranga Reddy District at Hyderabad, dated 12.2.1999 passed in File No.

L/1657/1994 granting certificate of ownership in favour of the respondents under Section 38-E of the Tenancy Act, the petitioners/landholders filed an appeal under Section 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Act, 1950. The lower Appellate Authority confirmed the orders of the primary authority in issuing ownership certificate in favour of the respondents. Aggrieved by the same, the present CRP is filed.

Though several contentions are sought to be raised on behalf of the petitioners, but the fact remains that the father of respondents being the protected tenant is entitled to certificate of ownership. The

petitioners being the subsequent purchasers, which is in contravention of Section 38-D of the Tenancy Act, are not entitled for grant of ownership certificate. Further, such similar issue fell for consideration before this Court in Civil Revision Petition No. 2255 of 1999 and this Court vide order dated 3.4.2000, dismissed the civil revision petition, confirming the decision of the primary and lower appellate authorities. Even the said decision of this Court was also upheld by the Apex Court. The lower appellate authority placing reliance on the judgments of this Court and the Apex Court, upheld the order of the primary authority.

In view of the above, this Civil Revision Petition is liable to be dismissed and accordingly the same is dismissed. No order as to costs.

---------------------------------------- JUSTICE B. PRAKASH RAO Dated 5th August, 2010.

Msnr.