SYED KHAWJA Vs. DHRUPATYA

JUDGEMENT

(1.) THIS Petition is by the original Landlord who had obtained possession of the suit land for bona fide personal cultivation under Section 44 of the Hyderabad Tenancy and Agricultural Lands act. The Respondent was tenant of two survey numbers, namely Survey number 40/2 and survey number 40/1, situated at village Kanhergaon, taluka Basmath, of which the present Petitioner number 1 - Khwaja Syed noor, was the landlord.

(2.) THE petitioner-landlord had filed an application before the tahsildar Basmathnagar, under Section 44 of the Hyderabad Tenancy and agricultural Lands Act for restoration of possession of both the suit lands on 31st March, 1959. The said application was allowed in favour of the landlord, and he was given possession of both the lands under a Panchnama and by the order dated 13th June, 1981. It is further clear from the evidence that petitioner number 1 commenced his cultivation of both the suit lands from 19th June, 1961.

(3.) THE present proceedings arise out of an application by the tenant under the provisions of Section 45 of the said Act on the ground that the landlord ceased to cultivate the land since 1968-69, and therefore, the respondent tenant is entitled for restoration of possession of land from landlord as provided under Section 45 (b) of the Tenancy Act.