1988 Supreme(AP) 460

Andhra Pradesh High Court
Judges : ANJANEYULU
A.Appalaswamy - Appellant
Versus
E.Appalaswamy - Respondent
W.P. Nos. 74868 & 10073/85
Decided On : 10-25-88
Advocates Appeared :
Mr. A. Gopal Rao,Mr. T. Veerabhadrayya

Headnote:AP (AA) TENANCY ACT, Sec 12 Proviso - AP LAND REFORMS (Ceiling on Agricultural Holdings) ACT, Section 3 (c) - Land-lord holding total extent of land after resumption does not exceed 2/3 of the ceiling area under Section 3 (c) - Tenant holding more than one half of extent of land under lease - land lord is entitled to resumption of the leased land for his personal cultivation under Section 12 of the Act,

       Held : The landlord is entitled to resumption for his personal cultivation under Section 12 of the Act, the entire extent of land which was the subject matter of lease and not merely one half thereof The operation of the Proviso to Section 12 is to effect that the right of resumption conferred on the landlord shall be limited to an extent which shall, after such resumption, leave with the cultivating tenant the area which is not less than one half of the land held by the tenant under the lease prior to such resumption

       In this case, the fact that the tenant has Ac 800 of land owned by him, the area of land after resumption still leaves him with more than the extent of the land actually demised in favour of the cultivating tenant Consequently, the proviso will have no application in the facts and circumstances of the present case