JAYACHANDRA REDDY, J.

( 1 ) IN all these cases the question that arises for consideration is: what is the meaning to be given to the words "personally cultivates" occurring in Section 3 (t) of the A. P. Agricultural Indebtedness (Relief) Act vii of 1977 (hereinafter referred to as act VII of 1977 )?

( 2 ) SECTION 3 (t) of Act VII of 1977 defines small farmer and reads thus :" small farmer means a person whose principal means of livelihood is income derived from agricutural land and who holds and personally cultivates, or who cultivated as a tenant or sharecropper or mortgagee with possession, agricultural land which does not exceed in ex ten u (i) in the case of persons other than members of the Scheduled tribes, one hectare, if it is wet, or two hectares, if it is dry; (ii) In the case of the members of the Scheduled Trioes, two hectares, if it is wet, or four hectares, if it is dry but does not include any person whose annual household income, other than from agriculture exceeds one thousand and two hundred rupees in any two years within three years immediately preceding the commencement of this Act. Explanation : For the purposes of computing the extent of land under this clause, one hectare of wet land shall be deemed to be equal to two hectares of dry land :"in number of cases a controversy arose as to the meaning to be given to the word and occurring between the words "who holds" and "personally cultivates". In some cases it was held that it should be read as or and in some cases as and . A Full Bench of this Court in D. China Papayya vs. S. Ramachanadra held that the word and therein should be read as or . Ultimately the question came up for consideration before a Fuller Bench consisting of five Judges in Masthanaiah vs. Veeraiahl. The Fuller Bench disagreed with the view of the Full Bench in Papayya s case (supra) and held that the word and occurring between the words "who holds" and "personally cultivates" should be read as and and not as or . In view of this decision of the Fuller Bench a small farmer means a person whose principal means of livelihood is the income derived from agricultural lands and he should not only hold the specified extent of the land but should also personally cultivate the same. The definition of the small farmer also includes a tenant or a sharecropper or mortgagee with possession, agricultural land which does not exceed in extent. However the Fuller bench did not decide the question as to what meaning should be given to the words personally cultivates . In the cases before us the learned counsel appearing for the petitioners submit that the words personally cultivates should not be given a narrow meaning and they should be interpreted liberally having regard to the object underlying the Act. According to the learned counsel an agriculturist who holds a small exent of land as per the act may get the land cultivated in any known form and that would satisfy the requirements of the Section. In each of these cases before us facts vary. But the general question has to he decided before going into the merits of each case. Therefore we shall decide the general question viz , the meaning that has to be given to the words personally cultivates and then advert to the merits in each of these cases.

( 3 ) PRIMA facie we are of the view that the expression personally cultivates occurring in Section 3 (t) of Act VII of 1977 is to be interpreted to mean that the small farmer whose principal means of livelihood is the income derived from agricultural land should hold that land and cultivate it in such a manner that he has si personal control over the cultivation in that extent of land. The Fuller Bench held that cultivating the land personally is one of the requirements to come within the definition of small farmer . It may also be useful in this content to refer to some provisions in other enactments where th? expression personally cultivates is used. Section 2 (g) of the And

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