( 1 ) THE Authorised Officer, Land Reforms, kakinada, filed this revision under Sec. 21 of the A. P. Land Reforms (Ceiling on agricultural Holdings) Act, 1973, (hereafter referred to as the Act ) against the order dated 21-01-1993 passed by the Land reforms Appellate Tribunal, Kakinada, (for brevity the appellate Tribunal ) in l. R. A. NO. 140 of 1990.

( 2 ) THE brief facts of the case, necessary for the disposal of this civil revision petition, are as follows: One Merla (Bolla) jogayyamma (for short the declarant ) filed a declaration under Section 8 of the Act. When the declarant proposed to surrender an extent of Ac. 6. 98 cents in S. No. 201 of surampalem village of Peddapuram taluk, respondents 1 to 4 herein filed objection petitions under Rule 16 (7) of the Andhra pradesh Land Reforms (Ceiling on agricultural Holdings) Rules, 1974, (hereafter referred to as the Rules ) before the Land Reforms Tribunal claiming to be the cultivating tenants of the declarant. Respondents 1 to 4 examined five witnesses, C. W. 1 to C. W. 5 and marked exs. X-l to X-6 to show that they are the cultivating tenants of the land in question. The Land Reforms Tribunal, ultimately came to the conclusion that respondents1 to 4 are the tenants of the declarant and that the land in their possession has to be included in the holding of the declarant as well as the tenants as per the judgment of the Supreme Court in State of Andhra pradesh vs. Mohd. Ashrafuddin1 and that the lands in S. No. 201 of Surampalem village, being unencumbered cannot be rejected under Section 10 (5) of the Act for the purpose of surrender of excess land. However, the Land Reforms Tribunal recorded a categorical finding that respondents 1 to 4 are the cultivating tenants of the land to an extent of Ac. 7. 00 in s. No. 201 of Surampalem village. Aggrieved by the order of the Land reforms Tribunal, the Authorised Officer, land Reforms, Kakinada, filed appeal in so far as the order of the Tribunal recognising the respondents 1 to 4 as cultivating tenants of the declarant. The appellate Tribunal, by the impugned order, rejected the appeal and hence this revision.

( 3 ) THE order of the appellate Tribunal is challenged as being contrary to the provisions of the Act and the Rules.

( 4 ) THE Andhra Pradesh (Andhra Area) tenancy Act, 1956 (hereafter referred to as the Andhra Tenancy Act ) regulates the relations of landlord and cultivating tenants of agricultural lands in Andhra area of the state of Andhra Pradesh. After the amendment Act No. 39 of 1974, every lease subsisting at the commencement of the Act no. 39 of 1974 shall be deemed to be in perpetuity. The cultivating tenants thereafter can only be evicted in accordance with Section 13 of the Andhra Tenancy Act, further, notwithstanding the fact that the tenancy is in perpetuity, the landlord shall be entitled to resume possession of the lands for personal cultivation, provided the lands held by the landlord under his personal cultivation, after resumption of land under Section 12 of the Andhra tenancy Act, does not exceed 2/3rds of the ceiling area as defined under Section 3 (c) of the Act. The conspectus of Sections 10,12 and 13 of the Andhra Tenancy Act shows that though the agricultural tenancy is recognised to be one in perpetuity, still under certain stated conditions the landlord can terminate the tenancy and resume the lands. If the landlord resumes the lands for his personal cultivation, the fact that the landlord holds lands in excess of ceiling area is the relevant point for consideration. However, under no circumstances a cultivating tenant is conferred ownership rights under the Andhra Tenancy Act. The disputes between the landlord and the cultivating tenants of the lands under the andhra Tenancy Act are to be adjudicated by a Special Officer under the provisions of the Andhra Tenancy Act who is also competent to decide the dispute in relation to Section 10 of the Andhra Tenancy Act. By necessary i