QUADAR BAIG IBRAHIM BAIG Vs. HAJYA LAXYA

JUDGEMENT

(1.) A short question involved in this petition is is to whether the respondents can be declared as the owners u/s. 38-E of the Hyderabad Tenancy & Agricultural Lands Act, 1950 ( hereinafter referred to as the 'Hyderabad Tenancy Act).

(2.) Tlie petitioner contended in this proceedings that there was a partition amongst the share-holders of the said lands. In support, he relied on a consent decree passed in C. S. No. 1/54 instituted in April 1954. He was the defendant therein. The suit was filed by the"distant relatives, Devan Baig and Abbas Baig s.ons of Hyder Baig. In accordance with the consent terms, the petitioner was not in possession of the lands more than three family holdings for concetned area.

(3.) In order to get a declaration u/s 37-A of the Hyd. Ten. Act that a tenant, who at the time of the commencement of its Amending Act, 1955, holds any land in resprct of which he is not deemed to be a protected tenant under this Act, shall be deemed to be a protecred tenant if the total area of the land owned by the land-holder including land under cultivation of his tenants, is more than three times the area of a family holding which is 24 acres for concerned local area and 72 acres would be holding of three family holdings. If the landlord holds more than 72 acres, then a tenant will be deemed to be the protected tenant u/s. 37 A The petitioner contended that there was a partition among the share-holders and thus his holding is less than 72 acres. All the three Courts below held that the petitioner failed to prove the partition as alleged by him accordingly his holding will come to more than 3 family holdings. And therefore the respondents were declared as owners u/s 38-E.