(1.) OPPONENT No. 1 (hereinafter referred to as the opponent) was the inamdar of the lands in dispute survey Nos. 65 and 66; This inam was abolished by the Hyderabad Abolition of Inams and Cash Grants Act, 1954 (hereinafter referred to as the Act) with effect from July 20, 1955. The lands were then in possession of the Court Receiver who had been appointed in a suit between the opponent and some other persons. The possession of the lands was restored to the opponent some time in 1956. At that time there was no tenant on the lands. On April 5, 1957, the opponent leased the lands to the petitioner. On September 6, 1961, the petitioner made an application to the Tehsildar that he should be recognised as having become the occupant of the lands under s, 6 of the Act. The Tehsildar held an inquiry. He was of the opinion that as the opponent was in possession of the lands in 1965, he was entitled to occupancy rights. He, therefore, rejected the application made by the petitioner. Against this order the petitioner appealed to the State Government, but Government declined to interfere with the order made by the Tehsildar. Thereafter the present application was filed.
(2.) IT has been urged by Mr. Kurdukar, the learned advocate for the petitioner, that as the petitioner was in possession of the lands as a tenant on July 1, 1960, ho is entitled to occupancy rights in the lands under s. 6 of the Act. Mr. Guttal, who appears on behalf of the opponent, has on the other hand contended that no tenancy could have been created by the opponent in favour of the petitioner in 1937 when the lands were leased to the petitioner and that, consequently, the petitioner cannot be said to have been in possession of the lands as a tenant on July I, 1960.
(3.) IN the present case the date of vesting, that is, the date on which the lands vested in the State after the abolition of the inam, is July 20, 1955. The lands were leased to the petitioner in April 1957. The question for determination, therefore, is whether the opponent could have leased the lands to the petitioner after the lands had vested in the State on July 20, 1955.