MAN MOHAN Vs. MOHD MOHINUDDIN ALI KHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the Andhra Pradesh High Court dated 17th February, 1999 whereby the plea of the appellant to re-claim the status of a protected tenant under Section 45 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the Act") has been rejected. The facts are as under:

(2.) Dilawar Ali Khan was the original land owner. He filed an application under Section 44 of the Act for determination of the protected tenancy of the predecessor in interest of the appellants, one Ramalingam who was a protected tenant. The said application was allowed in the year 1967, the tenancy terminated and the land holder was put in possession thereof. The appellants as successors of Ramalingam who died in 1973, filed an application under Sections 45 and 46 of the Act for restoration of possession alleging that Dilawar Ali Khan and on his death, his successors, had failed to cultivate the land in question as contemplated by Section 45 of the Act and they were thus, entitled to a restoration of the possession. The said petition was resisted by the land holders and it has claimed that after the termination of the tenancy under Section 44 of the Act, Dilawar Ali Khan had cultivated the land by investing a huge amount thereon and that after his death his heirs had cultivated the land with the assistance of one Gopaiah and Hanumaiah by paying their wages in kind. It was also pleaded that Ramalingam had died issueless and that Man Mohan one of the applicants who claimed to be his adopted son was in fact not so and as such the application was not maintainable. The Revenue Officer called for evidence from both parties and after a analysis thereof allowed the application, both on the question of maintainability and also on facts.

(3.) Aggrieved thereby, the applicants preferred an appeal before the Joint Collector. This officer found that the applicants were indeed the legal heirs of Ramalingam and that Dilawar Ali Khan nor his successors had cultivated the land after it had been restored to them on an application under Section 44 of the Act. The appeal was accordingly allowed. Aggrieved thereby the land owners filed a revision petition under Section 91 of the Act before the High Court. The court in its judgment dated 17th February, 1999 observed that the tenancy in the hands of Ramalingam had been terminated under Section 44 in the year 1967 and though Ramalingam had lived upto 1973 he had not raised any question with regard to the cultivation by the land owners. The court also observed that there was clear doubt as to the claim of adoption made by Man Mohan as the dependant certificate which had been issued by the Revenue Officer accepting his claim as the adopted son of the Ramalingam had no value, as it was the civil court alone that could give such a declaration. In conclusion, the Court observed thus: