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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Mattparthy Veera Venkata Satyanarayana, E. G. District – Appellant
Versus
Nalli Sarojini E. G. Dist – Respondent
ORDER :
(Nyapathy Vijay, J.)
The Civil Revision Petition is filed questioning the Judgment passed in A.T.A.No.2 of 2012, dated 10.03.2015 on the file of the Principal District Judge, Rajahmundry, in reversing the order and decree, dated 16.07.2010 passed in A.T.C.No.2 of 2005, on the file of the Special Officer-cum-Junior Civil Judge, Razole, East Godavari District.
2. For the sake of convenience, the parties are hereinafter referred to as they are arrayed in A.T.C.No.2 of 2005.
3. The scheduled of properties consists of two items of agricultural land of an extent of Ac.1-86 cents and Ac.1-54 cents. The Petitioner had filed A.T.C.No.2 of 2005, under Sections 10 and 15 read with Section 16 of A.P. (Andhra Area)Tenancy Act, 1956 (for short ‘the Act’) seeking declaration as statutory tenant and for preferential right to purchase the scheduled property.
4. The Respondent No.1 was the landlord. The original owner by name Uppaganti Suranna had orally leased out the scheduled property to the father of the Petitioner. After the death of the original landlord, the father of the Petitioner continued the leasehold cultivation on same conditions. When the father of the Petitioner was in old age, th
The tenant's rights under the A.P. Tenancy Act must be upheld, and any sale deed executed without offering the property to the tenant is voidable at the tenant's option.
The court affirmed that the protected tenant's rights under the Tenancy Act cannot be overridden by private agreements or settlements that do not comply with statutory requirements.
It is settled law that, if no document evidencing fact of tenancy is given and if it is an oral tenancy, same has to be considered on merits.
The central legal point established in the judgment is the significance of the exemption certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, in determining proc....
Protected tenants - Restoration of possession of lands - Application filed by appellants/petitioners for restoration under Section 32 of Tenancy Act, were far beyond reasonable time and lacked bonafi....
The court affirmed that a registered sale deed establishes title, while failure to comply with statutory notice requirements under tenancy law renders claims voidable.
1. A court is barred from entertaining an issue which has already been decided previously by any court of law. 2. The pre-condition for establishing the tenant-landlord relationship is that the landl....
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