A certificate issued under section 38(6) of the Hyderabad Tenancy and Agricultural Lands Act, 1950, is admissible in evidence and does not require registration.

JUDGMENT-This Revision Application raises a somewhat ticklish point under the Hyderabad Tenancy and Agricultural Lands Act, 1950. Respondent No.1, who is hereinafter described as the plaintiff, filed a suit in ejectment against the petitioner, who is hereinafter described as defendant No.2, in respect of survey No. 292/ D and No. 293/ D at village Mangrul, Taluka Kallam. The plaintiff contended that while he was enjoying the land as owner, the husband of defendant No. 1, Sahebrao, forcibly dispossessed him. According to him the date of dispossession is March 15, 1950. It is common ground that Sahebrao died on September 19, 1950, leaving his widow as the only heir. The plaintiff alleges that defendant No.2, in collusion with defendant No. 1 entered into possession of the land in suit. The plaintiff has, therefore, claimed possession and mesne profits from both the defendants.

2. Defendant No. I appeared and admitted the plaintiffs claim. Defendant No.2 contended that the land in dispute was gifted to Sahebrao by Krishnaji on the ground that Sahebrao happened to be an illegitimate son of Krishnaji. According to defendant No.2, he started cultivating the land as tenant of defendant No.1 since 1955. Defendant No.2 alleged that defendant No. 1 entered into a deed agreeing to sell the land for a sum of Rs. 2,500. A deed of agreement was executed and Rs. 2,000 were paid under the agreement. The remaining amount was stipulated to be pail) at the time of the execution of the sale-deed. Since defendant No.1 did not fulfil the contract, he filed a suit for specific performance (Suit No. 24 of 1958) and on admission by defendant No. 1, the suit has also been decreed. Defendant No. 1 did not execute the sale deed in pursuance of the decree for specific performance. Therefore defendant No. 1 applied to the Agricultural Lands Tribunal under s. 38 (3). The Tribunal determined the price and defendant No.2 deposited the amount before the Tribunal. It appears that after the written statement, a certificate was issued under s. 38 (6) of the Hyderabad Tenancy Act. Before the framing of the issues defendant No.2 tendered the certificate in evidence. The plaintiff objected to the admissibility of the document. The trial Court held that the document required registration under s. 17 (1) and inasmuch as it bas not been registered it is not admissible under s. 49 of the Indian Registration Act. It is against that decision that defendant No. 2 has come up in revision. The only point for consideration is whether the certificate is admissible in evidence or not. 3. Before considering the question of the admissibility or otherwise, it is necessary to refer to the provisions contained in Chapter 4, relating to protected tenants. Section 34 defines a protected tenant to mean a tenant in respect of land if he-

(a) has held such land as a tenant continuously-

(i) for a period of not less than six years, being a period wholly included in the Fasli years 1342 to 1352 (both years inclusive), or

(ii) for a period of not less than six years immediately preceding the 1st day of January 1948, or

(iii) for a period of not less than six years commencing not earlier than the, 1st day of the Fasli Year 1353 (6th October 1943), and completed before the commencement of this Act, and

(b) has cultivated such land personally during such period.

Section 35 relates to decisions on claims and s. 36 relates to the recovery of possession by a protected tenant. They are not relevant for the present discussion. Section 37 embodies the definition of deemed tenant and provides that

"Every person who at the commencement of this Act holds as tenant any land in respect of which no person is deemed to be a protected tenant under section 34, shall, on the expiration of one year from such commencement or, the final rejection of all claims by any other person to be deemed under section 34 to be a protected tenant in respect of such land ... "

4. Section 37 also relates to another category o

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