Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 Andhra Pradesh (Telangana Area) Tenancy and 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 | Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 – ss.19, 38-E – Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 – Protected tenant – Oral surrender of the tenancy rights, if permissible – High Court set aside the order dtd.19.2.82 passed by Revenue Divisional Officer granting occupancy rights to predecessor-in-interest of the appellants- purchaser as well as the order passed by Joint Collector dismissing the appeal filed by the protected tenant – Occupancy rights granted to the purchaser stood annulled – On appeal, held: Surrender of oral tenancy of a protected tenant is not permissible under the Tenancy Act except in the manner prescribed u/s.38-E (5) r/w s.19, Tenancy Act – In the present case, the oral surrender by the protected tenant is set up in the year 1954 followed by sale of tenancy rights in 1957 – Thereafter, the petition u/s.19, Tenancy Act was filed to seek approval of the Tenancy rights, but was withdrawn on the basis of an order withdrawing the appeal against the grant of occupancy rights – Thus, the purchasers took steps to procure surrender of tenancy rights, realizing that such surrender cannot be oral or by executing a sale deed – It was a cover up operation initiated by the purchaser – Since, neither the oral surrender nor surrender in writing was recorded as bonafide by the Tehsildar, the subsequent surrender approved by Mandal Revenue Officer is a nullity as such surrender is in contravention of the statutory provisions – Protected tenant was conferred ownership rights u/s.38-E, Tenancy Act on 23.3.75 whereas the conferment of occupancy rights were granted in the year 1982 under the Inams Act – On grant of certificate of ownership u/s.38-E, the protected tenants shall be deemed to be the full owners of such land – Once the protected tenants are deemed to be owners, there could not be any occupancy rights certificate as the purchasers were divested of their ownership by virtue of the grant of ownership certificate u/s.38-E, Tenancy Act – Appeals allegedly filed by the protected tenant against the grant of occupancy rights certificate and subsequently being withdrawn is wholly inconsequential – Title of the protected tenants is complete and the ownership vests with them – Entitled to restoration of possession. Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 – ss.19, 32, 38-E – Held: Neither s.19 nor s.32 forming part of Chapter III of the Tenancy Act are applicable in respect of protected tenant except when the reference is made to the provisions of s.19 on the basis of s.38-E(5) which starts with a non obstante clause giving overriding effect to anything contained in s.38-E. Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 – Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 – Operation of the Acts – Held: Both the Inams Act and the Tenancy Act are enacted by the same Legislature – The Inams Act is a later Act enacted in 1955 but s.38-E (1) was substituted in 1971 which starts with a non- obstante clause– Therefore, ownership certificate granted under the Tenancy Act would prevail over the grant of occupancy rights certificate under the Inams Act – Both the Acts operate in different spheres. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 588 |
Petitioner | Thota Sridhar Reddy & Ors. |
Respondent | Mandala Ramulamma & Ors. |
SCR | [2021] 14 S.C.R. 1161 |
Judgement Date | 2021-10-01 |
Case Number | 2506 |
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