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Abdul Rahman, S/o. Late Kjaha Abdullah, and Khaja Muneeruddin, S/o.Khaja Ahmeduddin claiming through one Khaja Meeran who contend that they are entitled to Occupancy Rights Certificate under Section 4 of the Act in the capacity of 'Inamdars' (henceforth referred to as 'succesors of Inamdars');

(b) Mamidi Yadi Reddy and Samala Bhoopal Reddy, who claim Occupancy Rights Certificate alleging that they were 'Kabiz-e- Kadim' entitled to be issued such Certificate under Section 5 of the Act or in the alternative as successors-in-interest of the Inamdars after a purchase from some of the Inamdars (Khaja Mohiuddin and others) on 15.01.1960. There was also a plea of oral tenancy also raised by them, but it was not seriously pressed. (henceforth referred to as the 'Reddy brothers / Kabiz-e-Kadim')

    AIR 1971 SC 1859
                                                                     HAC,J & TA,J
                                   ::33::                      wa_540_2007&batch

98. We had earlier mentioned that in the Form-I application filed by M. Yadireddy on 25.11.2006 for extent of Acs.11.06 gts. in Sy.No.366 they had claimed occupancy rights as a purchaser under a Court decree for lands in Sy.No.366, and also as a Kabiz-e-Kadim paying land revenue to the Government; and in the Form-I application filed by M. Yadireddy and S. Bhoopal Reddy on 16.03.2002 for Acs.28.01 gts. in Sy.Nos.367 and 368 they contended that they are entitled to the Occupancy Rights Certificate as a purchaser under a sale deed dt.15.01.1960 from Khaja Mohiuddin and 21 others and also that a protected tenant by name K. Sai Reddy had executed a Ekararnama in their favour on 01.01.1957 and that they were in possession of the property as on 01.11.1973 as per Revenue Records.

106. As regards the alternate case set up by the Reddy brothers group about purchase of the land on 15.01.1960 from Khaja Mohiuddin and 21 others is concerned, it is to be seen that Samala Narasimha Reddy, who is the father of Samala Bhoopal Reddy and Mamidi Raji Reddy, father of Mamidi Yadi Reddy had filed O.S.No.65 of 1962 before the Munsif Magistrate, Taluk West, Hyderabad District against Khaja Mohiuddin and 21 others to pass a decree for cancellation of the existing proprietor's names from the Register of Record of Rights pertaining to the suit lands and to order entry of their names as proprietors in its place.

                                                                     HAC,J & TA,J
                                   ::36::                      wa_540_2007&batch

107. In that suit, they merely mentioned that Khaja Mohiuddin, Khaja Mulla, Khaja Hyder and Khaja Bawa are pattedars of land in Sy.Nos.366 to 368, that defendant Nos.1 to 22 are absolute owners and persons in possession and they have agreed to sell away the lands and have put the plaintiffs in possession over the lands as owners on 15.01.1960; that they are in possession for the past 16 years for grazing of their animals under leases till 14.01.1960; and ever since 15.01.1960, they are in possession over the suit lands as absolute owners and exclusive proprietors.