Alienation of land
B.PRABHAKAR RAO
(Querist) 24 July 2013
This query is : Resolved
Sir,
I am from Hyderabad, Andhra Pradesh. Presently the following case is in HIGH COURT OF ANDHRA PRADESH, case no.AS2433/2001
This is the case of my son-in-law. The brief may be bit bigger I am trying to be more clear. The brief is prepared by my advocate. It’s like this:
Mr. Patti Achiah s/o Late Patti Narasaiah cultivated the land admeasuring 8.26 acres in sy no.174 from prior to 1950. His name has been recorded in the KHASRA PAHANI of 1954-55.Mr.Patti Achiah cultivated the land till his death in 1983.The Govt.Of AP collected land revenue and issued PAVUTHI BHAI(REVENUE PASSBOOK) in the year 1950 and also issued RITHWARI PASS BOOK. All the revenue records/pahanis reflected the fact that Patti Achaiah was cultivating the land till 1987. After the demise of Patti Achiah his wife and his two sons have been cultivating the lands. These three persons jointly filed suit for declaration of title and perpetual injunction before Hon’ble I Addl.Senior Civil Judge, Ranagareddy district against the Govt. Vide suit no.271/1992.Subsequently the neighbouring possessor of the land by name SRI KRISHNA GOSEVA MANDAL filed implead petition saying that the then JOINT COLLECTOR recommended the alienation of 5.00 acres of land to the Govt. in the year 1980. All government records produced by the government proved that Patti Achiah cultivated the lands till 1985/87. SRI KRISHAN GOSEVA MANDAL BEING DFENDAN No.4 in the suit did not choose to produce any evidence and its claim was rejected by the Hon’ble.I Addl.Senior Civil Judge. Plaintiffs being unsuccessful as the Trail Court observed that the plaintiffs are permissive possessors against the plea setup by the plaintiffs as adverse possession.
At the instance of SRI KRISHNA GOSEVA MANDAL an advocate Commissioner was appointed to measure the land and fix the boundaries and find out what was the extent of the land under possession of the MANDAL. Advocate Commissioner took the measurements of the said land with the help of Mandal Revenue Surveyor and found only one acre of the land is in possession in view of raising of the wall around..There was interim injunction till the disposal of the suit in favour of the Patti Yellamma and 2 other. High Court also granted statusquo. Patti Yellamma died in the year 2004/The appellants Patti Devadas and Vijaya Kumar are the sons of Patti Achiah.
Please let us have your valuable opinion/suggestion since my advocate is not cooperating and the case long pending. The plaintiffs are in no position to fight for some more times as they are aged and unable to follow-up the case. We welcome even if some of your team lawyer interested to take-up this case.
Thanking
B.PRABHAKAR RAO
R.K Nanda
(Expert) 24 July 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 24 July 2013
As the case is already in high court so either change your lawyer or move an application for speedy trial keeping in view the age of the appellants.
Raj Kumar Makkad
(Expert) 24 July 2013
As I am settled in Haryana so personally can't help in your case but there are many lawyers of AP on this site so personally contact either of them.
