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(With C.A. Nos. 2763-64/1989, C.A. No. 2762 of 1989 and C.A.Nos. 4874-75 of 1989) J U D G M E N T S.N. VARIAVA, J.

L...I...T.......T.......T.......T.......T.......T.......T..J All these Appeals can be disposed of by this common Order. Parties are being referred to in their capacity in Civil Appeal 2630 of 1989.

Briefly stated the facts are as follows. In the State of Andhra Pradesh there are two adjoining villages viz. Moosapet and Kukatpalli. Kukatpalli was a khalsa (dewani) village where the lands were held by patedars. Moosapet was sarfe-khas village. Sometime in 1963 the Government of Andhra Pradesh (Respondent 10) allotted lands in Moosapet village in favour of various parties. Whilst so doing the Respondent 10 allotted to Appellants (M/s. Praga Tools Corporation Ltd.) an area of 195 acres 33 guntas in Survey No. 210/1 in Moosapet village. Possession was then given to Appellants.

As against this Judgment Appellants has filed Civil Appeal No. 2630 of 1989. The State of Andhra Pradesh has filed Civil Appeals bearing Nos. 2763-64 of 1989. Smt. Mahboobunnissa Begum & Ors have filed Civil Appeal No. 2762 of 1989 and Amina Begum has filed Civil Appeal Nos. 4874-75 of 1989. Between Respondents 1 to 9 and Respondent 11 there were conflicting claims in respect of the suit property. As stated above Respondents 1 to 9 claimed the lands as heirs of Ghulam Khader. Respondent 11 claimed the lands on the basis of an alleged Sale Deed. Both the trial Court as well as the Appellate Court have recorded findings of fact that Amina Begum has not been able to prove the Sale Deed. These findings of fact are based on evidence and we find no infirmity in the Judgments of the Trial Court as well as the Appellate Court in this behalf. Therefore the claim of Respondent 11 (Amina Begum) cannot be upheld and Appeal Nos. 4874-75 of 1989 stand dismissed. We have heard the parties. In spite of voluminous record the dispute is capable of resolution quite easily. Respondents 1 to 9 claim ownership of Survey Nos. 362 to 373 in Kukatpalli village. Government of Andhra Pradesh claims no right in Survey Nos. 362 to 373 of Kukatpalli village. The Government claims ownership of and has allotted to Appellants lands on footing that they are part of Survey No. 210/1 of Moosapet village. The main question is whether these lands are in Survey Nos. 362 to 373 of Kukatpalli village or they are in Survey No. 210/1 of Moosapet village. If the lands are in Survey Nos. 362 to 373 of Kukatpally village then the Government has wrongly allotted. In that case appellants and the Government are to pay compensation as directed by the trial Court. On the other hand if the lands are in Survey Nos 210/1 of Moosapet village Respondents 1 to 10 can have no claim.

That this is a false case is clear from the following:

(a) In the written statements filed in this Suit it has been averred as follows :
"1. In respect of the allegations in paragraph No. (1) of the plaint, it is submitted that the suit lands were involved in a overlapping case with certain lands of Moosapet village. In this connection, the Land Record Assistant, Hyderabad District, in file No.G1/914/63, made certain proposals regarding the overlapping of lands of Moosapet and Kukatpalli village and set the same to the Director of Survey & Settlements, through letter No.G1/914/63 dated 25.10.1963. The Director of Survey & Settlement while forwarding a copy of the decision taken in the year 1299 fasli, instructed the Land Record Assistant to implement the orders passed in the year 1299 fasli. The land Records Assistant was also directed to refix the boundaries of the Kukatpalli Village as per the Revision plan. Thereupon, Kharij Jama Patrak was prepared by the Land Record Assistant and sent to the Director of Settlement for approval and after his approval Zamima Sethwar was issued in the year 1964. Under that Sethwar certain survey numbers were deleted from Moosapet village while retaining in Kukatpalli village. But until the Zamima Sethwar of 1964 was issued the Revenue Record showed that the lands in question i.e., the suit lands were Government lands in survey No.210/1, Moosapet village. Consequent to the issue of the Zamima Sethwar of 1964, the lands in question being retained in Kukatpalli village bear the survey numbers 362 to 373 and part of Government land in S.No.374. From the Revenue Records of Kukatpalli village it is obvious that one Smt. Mahaboobunnissa Begum was owner of the said lands which were shown as Kancha lands admeasuring 212 acres 16 guntas."

Also on record is another letter dated 28th May, 1970 from the Collector to the Joint Secretary to the Government Revenue Department. Here again it is emphasised that there is no boundary dispute between Kukatpalli and Moosapet village. It has been recorded that certain numbers have been deleted from Moosapet village and have been retained in Kukatpalli village.

By another letter dated 31st of July, 1973, the Collector again points out that Survey No.210/1 of Moosapet village has been deleted and that the land allotted to M/s. Praga Tools Corporation Ltd. falls within Survey No. 362 to 373 of Kukatpalli village, which is a patta land. It is suggested that proceedings for acquisition of this land be taken up as land had already been given to Praga Tools Corporation Ltd. In October 1979, the Government issued a Notification which is Gazetted on 30th October, 1979. According to this Notification certain lands which are in Kukatpalli village are now transferred to Qutubullahpur village. Among the lands which were in Kukatpally village and which are now transferred to Qutubullahpur villare are Survey Nos. 362 to 373. Thus the Government recognized the fact that Survey Nos. 362 to 373 in Kukatpalli village existed. The Hyderabad Urban Development authority has issued a letter dated 24th September, 1976 pointing out that Survey No.210/1 of Moosapet village stands deleted from their records.