1996 Supreme(AP) 365
Andhra Pradesh High Court
Judges : D.REDDAPPA REDDY, LINGARAJA RATH
S.Rangaiah - Appellant
Versus
Collector, Medak at Sangareddy - Respondent
Decided On : 04-24-96
Headnote:Andhra Pradesh (TA) Tenancy & Agricultural Lands Act, 1950 - Section 30 - Assignment of land by Tenant - Bar of - Sale of land by protected tenant is barred as assignment by tenant, specifically barred under section 30
Held : tenancy Act provides an absolute bar for alienation of any interest held by a tenant on the land It is not seriously disputed by Mr Poornaiah that if in fact narsa Goud was the protected tenant, he had no right to sell the land in view of the provisions of Section 30, which stipulates against sub-division or subletting of any land by a tenant or of assignment of any interest held by him, except when the tenant being a member of a co-operative farming society sublets, assigns, mortgages or creates a charge on his interest in favour of such society The mandatory provision of this Section would not only bar the transactions expressly enumerated therein but also bar an agreement of sale in respect of such interest as any agreement, the object of which is to enter into an illegal transaction, shall be void as provided for under Section 24 of the Indian contract Act
an absolute bar for assignment of the land by a tenant and undoubtedly assignment would include alienation If the assignment is bad, and there is no relaxation available in respect of the bar, an agreement for assignment would be equally bad
( 2 ) THE admitted facts are that Surabhi Narasa Goud got a declaration in his favour as a protected tenant under Section 35 of the Andhra Pradesh (Telangaha area) Tenancy and Agricultural Lands Act, 1950 (Act XXI of 1950), referred to hereinafter as the Tenancy Act) in the year 1957 (as appears from the order of the Collector in Case No. B. 2/28/85 dt. 13-2-1989) in respect of Survey Nos. 678 to 685 and 690 to 699 in Gummadidala village of Narsapur Taluq (presently jinnaram Mandal) except S. No. 679. It is however the case of the Inamdars that sy. No. 691 and 695 were surrendered by the tenants and therefore they are entitled to resume the land and paid compensation therefor, Narsa Goud executed an agreement of sale on 22-1 -1965 for consideration of Rs. 21,500-00 for sale of Ac. 167-91 cents in Sy. Nos. 678 to 685 and 690 to 695 to one Sri Bapaiah choudary, who died on 1-10-1967. He was survived only by his daughter smt. Surapaneni Sudheshana, wife of one Rama Rao. She executed an agreement on 1-1-1968 conceding the shares of the respondents in the lands as those persons had contributed money for purchasing the lands. Applications were made by the appellants under Section 38-E of the Tenancy Act for being declared owners of the lands in which they succeeded on 23-3-1975 by orders passed by the Additional Revenue Divisional Officer (Land Reforms Tribunal), the competent authority. In the proceedings one Sambasiva Rao, whose heirs are respondent Nos. 5 to 7 and one Prasada Rao, respondent No. 4 had intervened claiming grant of patta in their favour on the basis of purchase purported to have been made under an agreement of sale from Bapaiah choudary. The respondents, having been unsuccessful before the Tribunal, preferred appeal to the appellate authority the District Revenue Officer, Medak who dismissed the appeal on 27-7-1976. In the appeal the respondents set up the case of Narsa Goud to have been the Kabiz-e-Kadim in respect of the lands. The dismissal of the appeal was assailed in this Court in C. R. P. No. 2179/76. While the parties were proceeding under the provisions of the Tenancy Act, the mam was itself vested with effect from 20-7-1955 under A. P. (Telangana Area) abolition of Inams Act, 1955 (Act VIII of 1955), referred hereinafter as the Inams abolition Act. The appellants again applied for registration as occupants under that Act. That proceeding was confested by the respondents basing their claim on the agreement of sale dated 22-1-1965 executed by Narsa Goud in favour of bapaiah Choudary. While the proceedingwas pending, C. R. P. No. 2179/76 was disposed of by this Court on 18-11-1977 observing that grant of patta under section 38-E of the Tenancy Act would be subject to the orders passed under the inams Abolition Act. The orders were passed under the Inams abolition Act by the competent authority i. e. , the second r