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1961 Supreme(AP) 7

P.CHANDRA REDDY, RAMACHANDRA RAO
Bandi Krishnamurthy – Appellant
Versus
Pasupuleti Venkatesam – Respondent


CHANDRA REDDY, C. J.

( 1 ) THIS revision petition has been referred to a Bench as it was felt that it raises an important question of law bearing on the interpretation of section 37-A of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (XXI of 1950) (hereinafter referred to as the Act ). The respondent moved the Land Tribunal under section 37-A of the Act, for conferment of protected tenancy in respect of the lands in dispute. The Tribunal rejected the claim on the ground that he was neither in possession of the lands on 12th march, 1956, the date on which section 37-A came into effect, nor was he able to establish that he was a bona fide tenant. On appeal, the Collector remanded the case for spot enquiry and further investigation to the Tribunal. After remand, the tribunal reached the same conclusion and rejected the petition.

( 2 ) THE respondent again carried the matter in appeal to the Collector. The appellate authority while concurring in the opinion of the Tribunal that the respondent had no possession of the properties in question on the relevant date, still held that he was entitled to protection under section 37-A as it was proved that at one time he was in possessio







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