KONDA LAKSHMANA BAPUJI versus GOVT. OF ANDHRA PRADESH AND ORS.

Citation: [2002] 1 S.C.R. 651 · Decided: 29-01-2002 · Supreme Court of India · Bench: S.S.M. QUADRI, S.N. PHUKAN · Disposal: Dismissed

Cited by 2 judgment(s) · cites 2 · see the full citation network in Lexace

Judgment (excerpt)

) 
' 
KONDA LAKSHMANA BAPUJI 
v. 
GOVT. OF ANDHRA PRADESH AND ORS. 
JANUARY 29, 2002 
[SYED SHAH MOHAMMED QUADRI AND S.N. PHUKAN, JJ.] 
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982: Sections 2 to 
10,15 and 17-B. 
A 
Land Grabbing-Offence of-Essential ingredients for-Object of the C 
Act explained. 
Land grabbing-Appellant in occupation of land pursuant to lease 
executed by a person having no title-Notice of eviction served on occupant 
by Government-Challenge by occupant-No final adjudication by High Court 
on rival claims by parties-Suit filed by Government pursuant to liberty granted D 
by High Court-Suit decreed by Special Court in favour of Government-
Finding of Special Courts-It has jurisdiction to try the suit-Appellant had 
no title to the suit land was thus a land grabber-Appellant had not perfected 
his title by adverse possession-Decree passed by Special Court upheld by 
High Court-Appeal before Supreme Court-Held, no interference was called E 
for with the impugned judgment-Held, appellant was a land grabber-
Principles of Res Judicata and Lost Grant inapplicable-Appellant had not 
perfected his title by adverse possession. 
Land Grabbing-Special Courts under 1982 Act-Jurisdiction in respect 
of matters under the Act-Held Special Court has jurisdiction-Jurisdiction of F 
Civil Courts held ousted. 
land grabbing-Allegation of-Presumption as to land grabbing-
Burden to prove that land was not grabbed-Held, burden is on the land 
grabber to prove that land was not grabbed. 
Code of Civil Procedure, 1908: Section II. 
Explanation IV-Res Judicata-Principle of Constructive Res Judicata-
Applicability of 
Constitutionof India, 1950 : Article 136 
651 
G 
H 
652 
SUPREME COURT REPORTS 
(2002) I S.C.R. 
A 
Appeal-Finding of Special Court that occupant was a land grabber-
Neither relevant material excluded nor irrelevant material taken into account 
by Special Court-Finding affirmed by High Court-Held, no interference 
was called for by Supreme Court. 
Adverse possession-Claim of-Essential conditions to prove for-Both 
B possession as well as animus possidendi must be shown to exist-Jnamdar--
Lessee of-Possession during continuance of lease-Such a lessee cannot 
acquire title by adverse possession. 
c 
Easements Act, I 882 : 
Principle of Lost Grant-Applicability of 
Words and Phrases-'Grab'-Meaning of 
The question involved in this appeal is whether the appellant has any 
lawful entitlement-proprietary or possessory-to the land in dispute and 
had come into possession of the land in dispute unauthorisedly. The 
D appellant claimed his title to the land in dispute under an unregistered 
agreement, dated November 28, 1954 for perpetual lease executed by 'A' 
one of the successors of lnamdar in respect of Inam land. Subsequently 
'A' executed a registered perpetual lease deed in favour of the appellant 
on December 11, 1957. Thereafter 'C' filed a suit against the first 
E respondent and the appellant and others praying for declaration of title 
and recovery of ~ossession of the said land. During the pendency of suit 
appellant was granted permission to construct a building on the land in 
dispute on his giving an undertaking that in the event of the plaintiff 
succeeding in the suit he would vacate the building without claiming any 
compensation. The suit filed by 'C' was dismissed holding that he did not 
F have any title to the suit land which was the Government land. 
Subsequently, the land in dispute was declared as Government land and 
under the A.P. Land Encroachment Act an order of eviction was passed 
against the appellant on May 28, 1977. The said eviction order was 
successfully challenged before a Single Judge of the A.P. High Court. The 
Government of Andhra Pradesh filed a writ appeal before the Division 
G Bench. Though the A.P. Land Grabbing (Prohibition) Act, 1982 came into 
force on September 6, 1982 but that fact was not brought to the notice of 
the Division Bench which dismissed the appeal holding that there was bona 
fide dispute of title to the land in dispute between the appellant and the 
Government which must be adjudicated upon by the ordinary Court of 
H law and that the Government could not decide unilaterally in its own 
... 
> 
KONDA LAKSHMANA BAPUJI v. GOVT. OF A.P. 
653 
favour and resort to summary eviction proceedings under the Andhra A 
Pradesh Land Encroachment Act, 1905. Apprehending his dispossession 
from the land in dispute the appellant again filed a writ petition w

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