THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY A.S.Nos.707, 709 to 711, 714 to 718, 721 to 725, and 734 to 739 of 2009 COMMON JUDGMENT: In this batch of appeals, common questions of fact and law arise for consideration. Hence, they are being disposed of by this common judgment. The respective appellants are in occupation of small pieces of land, abutting a road in Vizianagaram Town. The 1st respondent filed O.As before the Deputy Commissioner of Endowments, Visakhapatnam, stating that vast extent of 24 acres of land covering Port area in T.S.No.498 of Vizianagaram, is the property of the Trust, and that the appellants have unauthorizedly occupied portions thereof, abutting the road. It is alleged that the appellants have committed default in payment of rents. The applications were resisted by the appellants. They have also pleaded that the 1st respondent does not have title vis-à-vis the schedule property and that charges for use and occupation are being paid to the Vizianagaram Municipality. Through separate, but identical orders dated 29.08.2009, the Deputy Commissioner allowed the applications and directed eviction of the appellants. Hence, these appeals under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. Sri Venkateswara Rao Gudapati, learned counsel for the appellants, submits that his clients are in occupation of a strip of land in between the municipal road and a trench outside the Fort, and that the 1st respondent does not have any title or right over the said land. He contends that the objection, raised by the appellants, as to the lack of title in the 1st respondent, was not taken into account by the Deputy Commissioner. Sri V.T.M.Prasad, learned counsel for the 1st respondent, on the other hand, submits that the very fact that the appellants have paid rent up to sometime, discloses that they recognized the right and ownership of the 1st respondent, over the land. He contends that the appeals themselves are not maintainable. The 1st respondent is, no doubt, conferred with the ownership of a Port, in T.S.No.498. The land under occupation of the appellants is not any portion within the Fort. On the other hand, it is outside the Fort, separated by a trench. Much would depend upon the boundaries of T.S.No.498. In case, it emerges that the boundary of that survey number extends up to municipal road, the appellants are liable to be evicted. On the other hand, if the boundary is up to trench, the land under occupation of the appellants would be that of the municipality. This verification becomes necessary not for the purpose of recognizing or conferring any rights of ownership on the appellants, but to decide, who exactly the lessors or licensors are. Obviously, on account of the absence of proper pleadings, the Deputy Commissioner did not bestow his attention on this. Even now such an exercise can be undertaken. The appellants are said to have stopped payment of rents to the 1st respondent, for the past two years. There was, however, no denial of the fact that they paid rents up to sometime. Once they recognized the right of the 1st respondent to receive the rent, they cannot avoid payment of the same. For the foregoing reasons, the appeals are allowed, and the orders challenged therein are set aside. The matters are remanded to the Deputy Commissioner of Endowments, Visakhapatnam, for fresh consideration and disposal, and in particular, the Deputy Commissioner shall insist on the parties to get the boundaries of the land in T.S.No.498, fixed. In case, it emerges that the land under occupation of the appellants is part of the land held and owned by the 1st respondent, the appellants shall be liable to be evicted in accordance with the prescribed procedure. On the other hand, if it emerges that the land in their occupation is outside the boundaries fixed for the land owned by the 1st respondent, they shall be under obligation to pay the damages for use and occupation to the municipality. Pending such adjudication, the appellants shall pay rents to the 1st respondent with effect from 01.01.2010 at the same rates, as were being paid earlier. The arrears shall be cleared within a period of four weeks from today and the monthly rent shall be paid on or before 10th of every month, commencing from August, 2010. It is made clear that, if the land is held to be outside the boundaries of the land owned by the 1st respondent, the rent paid by the appellants herein shall be refunded. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:28.06.2010 Note: Furnish C.C. in two weeks. (B/o) GJ