K. MADHAVA REDDY, J.

( 1 ) THIS revision petition under section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, hereinafter referred to as "the Act", is directed against the order of the Land Reforms Appellate Tribunal, Hyderabad, in LRA. No. 358/76. The question that falls for consideration in this revision petition is whether there can be any objection to the surrender of the lands in the possession of protected tenant upon surh land being included in the holding of the declarant who is found to be holding land in excess of the ceiling area to which he or his family unit is entitled under the provisions of the said Act.

( 2 ) THE petitioners were declared to be holding 0. 1658 standard holdings of land in excess of the ceiling area. In coming to that conclusion, the Land Reforms Appellate Tribunal computed lands in possession of the protected tenants also in the holding of the declarant. One Mohammed Zulfekar Ali was required by a notice under sub-rule (1) of rule 7 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974, hereinafter referred as "the Rules", tosurrender 0. 1658 standard holding. In pursuance of the said notice, the said Mohammed Zulfekar Ali, the declarant surrendered an extent of Ac. 2-23 cents in survev NO. 207, Ac. 1-68 cents in survey No. 208, Ac. 3-40 cents in survey No. 213; all of which are dry. He was the owner of these lands, but the lands were in possession of the petitioners herein and are held by them and protected tenants thereof. A general notice as required by sub-rule (4) of rule 7 was published on 31-10-1976 calling for objection. No one, objected. Even the authorised Officer did not object to the acceptance of the surrender of these lands. The respondents proceeded to take possession of the lands and dispossessed the protected tenants.

( 3 ) THE protected tenants, aggrieved by the order of the Land Reforms Tribunal, accepting the surrender of the said lands, preferred an appeal. In this appeal however, they did not choose to implead the declarant who surrendered the land s, in pursuance of the acceptance of which surrender, the respondents sought to take possession. The protected tenants, contended before the Appellate Tribunal, that the lands which were in their possession as protected tenants could not be surrendered and that they could not be evicted. The Land Reforms Appellate Tribunal, rejected the petitioners contention on the ground that there is no prohibition against the acceptance of the surrender of the lands in the possession of a protected tenant. It also observed that the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act prevail over the provisions of any other Act in view of section 28. At the same time, it also observed that the protected tenants would be at liberty to seek redress and remedy, if any available to them under the provisions of the Land Ceiling Act. The protected tenants have now filed this revision petition.

( 4 ) IT is contended by Mr. Narasimha Reddy, the learned counsel for the petitioners that the lands in the possession of protected, tenants cannot be surrendered. According to him, sub-section 5 (a) (ii) of Section 10 of the Land Ceiling Act prohibits the acceptance of the surrender of lands which are encumbered and according to him, protected tenancy constitutes an encumbarance on the land and, therefore, the Tribunal, was precluded from accepting the surrender of such lands by the declarant. Section 10, in so far as it is relevant for our purpose reads as follows:"10. (1) If the extent of the holding of a person is in excess of the ceiling area, the person shall be liable to surrender the land held in excess. (2) x x x x (3) x x x x (4) x x x x (5) (a) notwithstanding anything in this section, it shall be open to the Tribunal to refuse to accept the surrender of anyland----------- (i) which has been converted into non-agricultural land and has been rendered i

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