TaxTMI 
TaxTMI 
2006 (3) TMI 727
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....ay, 1961 for a consideration of Rs. 13,000/- and obtained a certificate in respect thereof under Section 38E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as the "Tenancy Act of 1950") from the Revenue Divisional Officer, Hyderabad, West. Prior to execution of the said deed, Uppari Ramaiah is purported to have sold an extent of 20,086 square yards from out of the total area measuring 14 acres and 6 guntas to one Mir Riyasat Ali by a sale deed dated 8th February, 1961. Out of the said 20,086 square yards, the said Mir Riyasat Ali sold 8,866 square yards to Smt. P. Neelakanteswaramma and to one Chandra Ramalingaiah by a sale deed dated 21st November, 1961. Their names were duly mutated in the Town Survey Registers and in the Revenue Records. On the death of Chandra Ramalingaiah on 7th February, 1973, his share in the land devolved on his legal heirs, namely, his widow, Chandra Suryamba, and his two daughters, C. Raja Kumari and P. Sandhya Kumari and son Chandra Ramakoteswar Rao. Smt. Neelakanteswaramma and the widow of Chandra Ramalingaiah entered into an agreement for sale with Bhagyalakshmi Cooperative Housing Society, but ....
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.... Nos. 65 to 74 of Yousufguda village and that he had purchased the said lands from Kaneez Fatima Begum by a registered sale deed dated 1st May, 1961 for a sum of Rs. 13,000/-. It was further contended that the applicants had falsely stated that they had purchased the said lands from Mir Riyasat Ali by sale deed dated 21st November, 1961. The lands in question were agricultural lands and were referred to as such in the revenue records in terms of acres and guntas and the transaction entered into by Mir Riyasat Ali with Uppari Ramaiah was effected with the intention of avoiding having to obtain formal permission from the Tahasildar under Section 47 of the Tenancy Act of 1950 for transfer of the said lands. The specific case made out in the counter filed by respondent nos. 1 to 10 was that the sale deed executed by Uppari Ramaiah in favour of Mir Riyasat Ali was fraudulent as would be evident from the fact that the same had been executed even before Uppari Ramaiah acquired full title to the properties from Kaneez Fatima Begum by the sale deed dated 1st May, 1961. It was also contended that when the applicants started interfering with the possession of the respondents over the lands in....
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....that by their actions it must be held that the said respondents were land grabbers. The learned Special Judge accordingly proceeded to declare the respondent Nos. 1 to 17 before him as land grabbers within the meaning of the A.P. Land Grabbing Act, 1982 and directed that criminal proceedings be commenced against them for offences punishable under Sections 4 and 5 of the said Act. The heirs of Uppari Ramaiah filed a writ petition before the Andhra Pradesh High Court, being W.P.No.4991/1990, against the aforesaid judgment and order of the learned Judge. Another writ petition, being W.P.No.4026/1990, was filed by N. Srinivasa Rao, to whom a General Power of Attorney had been given by the heirs of Uppari Ramaiah, and since they arose out of a common judgment, they were heard together and disposed of by a common order dated 11th July, 1997. The High Court reversed the findings of the learned Special Judge upon holding that the sales effected by Kaneez Fatima Begum in favour of Uppari Ramaiah on 1st May, 1961 (Ext.A-1) and the sale executed by Uppari Ramaiah in favour of Mir Riyasat Ali on 8th February, 1961 (Ext.A-3) were not valid as they were hit by Section 47 of the Tenancy Act of 1....
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.... the two writ applications, in the Review Petition in W.P.No.4991/1990 and Miscellaneous Petition filed by N. Srinivasa Rao in W.P.No.4026/1990 in the four Civil Appeals, C.A.Nos. 4529-4532/1999. All the aforesaid appeals have been taken up together for hearing and are being disposed of by this common judgment. Appearing for the appellants in Civil Appeal Nos. 4529- 4532 of 1999, Mr. K. Parasaran, learned senior advocate, took us through the provisions of the Land Grabbing Act, 1982, wherein the expression "land grabbing" has been defined in Section 2 (e) of the aforesaid Act as follows:- "2(e) "land grabbing" means every activity of grabbling of any land (whether belonging to the Government, a local authority, a religious or charitable institution or endowment, including a wakf, or any other private person) by a person or group of persons, without any lawful entitlement and with a view to illegally taking possession of such lands, or enter into or create illegal tenancies or lease and licences agreements or any other illegal agreements in respect of such lands, or to construct unauthorized structures thereon for sale or hire, or give such lands to any person on rental or lease and....
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....oner of Income Tax, Gujarat, 1993 Supp.(4) SCC 707, wherein the assessee-appellants as co-owners of a piece of land sold it to a Group Housing Society. A reference under Section 256(1) of the Income Tax Act was made to the Gujarat High Court as to whether that land was agricultural land within the meaning of Section 2 (14) of the Income Tax Act for the purpose of tax on capital gains. The reference was answered by the High Court in favour of the Revenue and in appeal this Court affirmed the view taken by the High Court upon holding that whether a land is agricultural land or not is essentially a question of fact. Several tests have been evolved in the decisions of the Supreme Court and the High Courts, but all of them are more or less in the nature of guidelines. The question has to be answered in each case having regard to the facts and circumstances of the case. It was observed that an inference has to be drawn on a cumulative consideration of all the relevant facts. It was suggested on behalf of the appellants that the provisions of Section 47 of the Tenancy Act of 1950, wherein the previous sanction of the Tahsildar was required to be taken for permanent alienation of agricult....
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....pra) echo the sentiments in the aforesaid Jumma Masjid case. In applying the provisions of Section 43 of the aforesaid Act in respect of the sale deed executed by a tenure holder, an alternative argument was advanced to the effect that even if the sale deeds executed by Uppari Ramaiah in favour of Mir Riyasat Ali and Kaneez Fatima Begum in favour of Uppari Ramaiah should be held to be void on account of non- compliance with the provisions of Section 47 of the Tenancy Act of 1950, it could not be denied that Mir Riyasat Ali continued to be in possession of the lands as conveyed in his favour by Uppari Ramaiah from 1961 till 1982, during which period not only did Uppari Ramaiah and his legal heirs acquiesce in Mir Riyasat Ali's title to the said land, but they did not also take any steps to challenge such title or to initiate eviction proceedings against Mir Riyasat Ali under Section 98 of the said Act. It was submitted that, as had been found by the learned Special Judge, the mischief under Section 47 of the 1950 Act did not prevent Mir Riyasat Ali and or those claiming under him from acquiring title to the property by adverse possession, and, in fact, the respondents in these ....
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.... concept of "protected tenancy" envisaged under the Tenancy Act of 1950 Act. In the event the recitals in the deed executed by Mir Riyasat Ali on 21st November, 1961, in favour of Chandra Ramalingaiah and P. Neelakanteswaramma are to be accepted, then, Uppari Ramaiah had only a protected tenancy in the lands in question which he could not have conveyed to Mir Riyasat Ali on 8th February, 1961, without the prior sanction of the Tahsildar under Section 47 of the Tenancy Act of 1950 which otherwise bars transfers in favour of non-agriculturists under Section 49 of the aforesaid Act. Mr.Venugopal submitted that since the A.P. Land Grabbing Act, 1982 provides for penal consequences, including imprisonment under Sections 4 and 5 of the said Act, and against which no appeal has been provided, the High Court was entitled to question the decision-making process of the Special Court in exercise of its powers under Articles 226 and 227 of the Constitution of India. It was submitted that the said view had also been expressed by this Court in State of A.P. vs. P.V. Hanumantharao, (2003) 10 SCC 121. Mr. Venugopal submitted that Ext.B-9, being the sale deed executed by Mir Riyasat Ali and Uppari....
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....d that the said principle had been considered by this Court in the case of Kartar Singh (dead) by Lrs. And Ors. vs. Harbanskaur (Smt.) (1994) 4 SCC 730, wherein it was held that the rule of estoppel by deed by transferor would apply only when the transferee is misled. Where the transferee knows for a fact that the transferor does not possess the title which he represents, then he cannot be said to have acted on such representation in taking a transfer. Section 43 then would have no application and the transfer would fall under Section 6(1) of the Transfer of Property Act, 1882. According to Mr. Venugopal it was well within the knowledge of the parties that Uppari Ramaiah was only a protected tenant under Kaneez Fatima Begum. The sale deed executed by Uppari Ramaiah in favour of Mir Riyasat Ali as such protected tenant was hit by the provisions not only of Section 47 but also by Section 49 of the Tenancy Act of 1950. Apart from the above, there is also no pleading on behalf of the appellants on the application of Section 43 of the Transfer of Property Act, 1882. Mr.Venugopal also opposed the alternative submission made by Mr. Parasaran that P. Neelakantenswaramma and the heirs of....
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....ite parties had acted in a manner in respect of the lands in question which would attract the provisions of the A.P.Land Grabbing (Prohibition) Act, 1982. In his brief reply Mr. Parasaran contended that not all acts done contrary to any statutory provision are always void but in some cases voidable and if a voidable act is not avoided within a reasonable time, parties are subsequently precluded from challenging the same. He also attempted to show that fraud had not been pleaded by the appellant which would take out the matter from the ambit of Section 43 of the Transfer of Property Act, 1882. Referring once again to Kartar Singh's case (supra), Mr. Parasaran tried to convince us that in the said decision nothing different to what had been held in the Jumma Masjid's case (supra) had been indicated. Although, the facts involved in these appeals necessitated lengthy submissions, the scope and ambit thereof is limited. The main issue which surfaces in these appeals is whether the actions arising out of the dispute raised by the heirs of Uppari Rammaiah can be said to attract the provisions of the A.P.Land Grabbing (Prohibition) Act, 1982. Admittedly, the transferees from Mi....