Back
P. NAVEEN RAO
B. Malla Reddy, S/o B. Janga Reddy – Appellant
Versus
State of Telangana, Revenue, Rep. , by its Principal Secretary, Secretariat, Hyderabad – Respondent
ORDER :
These two writ petitions are filed with identical prayers praying to direct the respondent No.4 to initiate legal proceedings on the application filed under Section 40 of the Telangana Tenancy And Agricultural Lands Act, 1950 (for short, ‘the Act, 1950). As the issue for consideration being the same, they are considered and disposed of by the common order.
2. Heard Sri L.Harish, learned counsel for the petitioners, learned Special Government Pleader, office of the learned Advocate General for the Respondents.
3. In W.P.No.14924 of 2021, petitioners claim that they are lineal descendants of Ram Reddy, who was protected tenant of land to an extent of Acs.4.12 guntas spread over Survey Nos.163, 164 and 165 (old Survey Nos.75, 76, 77, 78 and 79) of Kummera Village. According to petitioners, late Ram Reddy was having four children, late B.Venkat Reddy, late B.Anti Reddy, late B.Janga Reddy and late B.Ram Reddy. Eldest son late B. Venkat Reddy died at very young age. Late B.Anti Reddy being the next eldest son, his name was recorded as protected tenant after the death of Ram Reddy. Petitioners are sons of B.Kista Reddy. Petitioners claim that on the above extent of land, they are al
Point of law : Tenancy rights - Until and unless the Civil Court grants the declaration holding that petitioners are entitled to succeed to the tenancy rights on land, hitherto, standing in the name ....
The main legal point established in the judgment is that under Section 40 of the Act, 1950, the jurisdiction of the revenue authorities and the Civil Court in deciding claims of succession and recogn....
Revenue authorities cannot recognize succession claims based on ex-parte decrees if necessary parties are not joined, as such decrees do not bind those parties.
Succession rights under the Tenancy Act must be adjudicated by a Civil Court when disputes arise, and revenue authorities lack jurisdiction to grant such rights without timely applications.
The court emphasized the importance of providing evidence of the subsistence of protected tenancy at the time of the original tenants' death and the timely filing of applications for succession to pr....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
