B.SRI ATCHUTHANANDA SWAMY
Mohd. Qutabuddin – Appellant
Versus
Aziz Khan – Respondent
ORDER :
(Per B.S.A. Swamy, J.)
These two appeals involving common questions of law and facts arise out of a common judgment passed by a learned single Judge of this Court and they can be disposed of by a common judgment.
2. The parties herein are referred to as they are arrayed in the suits for the sake of convenience.
3. In these two appeals, this Court is called upon to decide the effect of deletion of section 47 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 (Act No. XXI of 1950)- hereinafter referred to as 'the Tenancy Act'-. The main issue to be decided in these appeals is whether both the suits (O.S.Nos.1001 of 1978 and 1174 of 1981) filed by the plaintiffs are liable to be dismissed as the suit transaction is hit by Section 47 of the Tenancy Act. FACTUAL BACKGROUND:
4. The defendant in both the suits, Mohd. Qutubuddin filed O.S.No.38 of 1963 on the file of the Munsif Magistrate (West), Hyderabad against Syed Basharat Ahmed and his wife Smt. Ummatul Basheera Begum for permanent injunction by contending that he obtained lease of the suit schedule property in the year 1949 and that he was a protected tenant. During the pendency of the suit, Smt. Umm
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