Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenancy and Land Laws 1950 A.P. (Telangana Area) Tenancy & Agricultural Lands Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tenancy and Land Laws:A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950:Section 37-A - Protected tenancy - A partition suit was filed in respect of the suit land by one of the sons of the deceased landowner - One of the items of Schedule 'B' land was in possession of the tenants - One such tenant, 'B' was the cultivating tenant in respect of the suit land - He was inducted in the suit land under a kaulanama, which was executed by one of the sons of the deceased landowner - Initially it was for one year - It was renewed each year - It stated that on the expiry of the stipulated period the tenant would have no right over the land in possession - It further stated that 'B' would be the sole cultivator and that without the permission of the landlord, he would not include any other cultivator - The son sold his share to 'B' through a registered sale deed - The sale deed in favour of 'B' stood executed after the vendor obtained the permission under Ss. 47 and 48 of the Hyderabad Tenancy and Agricultural Land Act, 1950 - Accordingly, 'B' became a pattedar in respect of the suit land-In the revenue records, the name of 'B' was shown as a pattedar - During his lifetime, 'B' did not claim to be a protected tenant under S. 37-A - Even his L.Rs did not claim that 'B' was a protected tenant in respect of the said land - For the first time, the nephew of 'B' sought a declaration that 'B' was a protected tenant under Section 37-A of the Act and accordingly claimed ownership certificate under Section 38-E of the Act after a lapse of more than 40 years - No explanation was given in the application by the nephew for not invoking Section 37-A of the Act for almost 40 years - The tribunal reported that there was no protected tenants in respect of the suit land and that the name of 'B' was never recorded as a protected tenant in respect of the suit land - It was further reported that 'B' was the pattedar, that he was cultivating the land .as pattedar and that he was cultivating as owner under the sale deed - The Tribunal dismissed the application - The High Court affirmed the decision of the Tribunal - Held: S. 38-E has been enacted for those protected tenants who are declared to be protected tenants and included in the Register prepared for that purpose-'B' had become a pattedar (owner) under the sale deed - The protected tenancy has to be enforced on the notified date-Therefore, in any event, the assumed protected tenancy did not continue up to the notified date - The nephew of 'B' has not applied on the demise of 'B' for his name to be brought on record as L.R. of 'B' or on the basis of joint cultivation by his father and uncle - Therefore, the nephew was not entitled to the Ownership Certificate under S. 38-E - Hyderabad Tenancy and Agricultural Land Act, 1950, Ss. 47 and 48 - Andhra Pradesh Rights in Land and Pattedar Pass Book Act, 1971, S. 4 - Land Grabbing (Prohibition) Act, 1982. Words & Phrases: "Protected tenant" - Meaning of - In the context of Section 37-A of the A.P (Telangana Area) Tenancy & Agricultural Lands Act, 1950. A partition suit was filed in respect of the suit land by one of the sons of the deceased landowner. In the plaint it was stated that one of the items of Schedule 'B' land was in possession of the tenants. One such tenant, 'B', the paternal uncle of the appellant, was the cultivating tenant in respect of the suit land. He was inducted in the suit land under a kaulanama, which was executed by one of the sons of the deceased landowner. Initially it was for one year. It was renewed each year. It stated that on the expiry of the stipulated period the tenant would have no right over the land in possession. It further stated that 'B' would be the sole cultivator and that without the permission of the landlord, he would not include any other cultivator. The son sold his share to 'B' through a registered sale deed. The sale deed in favour of 'B' stood executed after the vendor obtained the permission under Sections 47 and 48 of the Hyderabad Tenancy and Agricultural Land Act, 1950. Accordingly, 'B' became a pattedar in respect of the suit land. In the revenue records, the name of 'B' was shown as a pattedar. During his lifetime, 'B' did not claim to be a protected tenant under Section 37-A of the A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950. Even his L.Rs did not claim that 'B' was a protected tenant in respect of the said land. For the first time, the appellant sought a declaration that 'B' was a protected tenant under Section 37-A of the Act and accordingly claimed ownership certificate under Section 38-E of the Act after a lapse of more than 40 years. No explanation was given in the application by the appellant for not invoking Section 37-A of the Act for almost 40 years. On receipt of the said application, the matter was referred by the Tribunal to the Mandal Revenue Officer, who reported that there was no protected tenants in respect of the suit lands and that the name of 'B' was never recorded as a protected tenant in respect of the said suit lands. It was further reported that 'B' was the pattedar, that he was cultivating the lands as pattedar and that he was cultivating as owner under the sale deed. The Tribunal dismissed the application. The High Court affirmed the decision of the Tribunal. Hence the appeal. On behalf of the appellant, it was contended that the statutory right of protected tenancy was not lost on account of delay or laches and that such a right was not obliterated for want of application particularly when the law did not contemplate any such application by the person claiming to be a protected tenant. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2007 INSC 77 |
Petitioner | Boddam Narsimha |
Respondent | Hasan Ali Khan (dead) By L.r. & Ors. |
SCR | [2007] 1 S.C.R. 1223 |
Judgement Date | 2007-01-25 |
Case Number | 3429 |
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