COMMERCIAL AND INDUSTRIAL FINANCE LTD Vs. JEELANI BEGUM

JUDGEMENT

(1.) This revision by the petitioner, under Art. 227 of the Constitation of India, gives rise to a short question of law. whether the provisions of Section 2 of the Andbra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Third Amendment) Act, 1969 (hereinafter called "the amending Act") are retrospective OF prospective.

(2.) The applications filed on June 21, 1961 under Section 47 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (bereinafter called "the Act), pursuant to an agreement of sale entered into between the 1st respondent-vendor and the petitioner-Vendee on May, 4, 1961 in respect of 252 and 384 acres of agricultural land in Survey Nos. 20 and 28 respectively of Miyapur village in Hyderabad west Taluk lor a sum of Rs. 62,000/-seeking permission to alienate the lands have been rejected by the Tahsildar on October, 20, 1961 An extent of Ac. 204-48 cents was declared by the Revenue Divisional Officer, Hyderabad West in Case No. N/6961/62 to be in excess of the ceiling limit on November, 1 4, 1962. As the vendor refused to execute the sale deed, O. S. No. 35/62 was filed by the petitioner before the 1st Additional Chief Judge, City Civil Court, Hyderabad for specific performance of the agreement of sate, or, in the alternative, for damages. The decree for specific performance was granted by the Civil Court on Febuary, 28, 1963 On appeal in C. C. C. A. No. 17/64, the High Court allowed the appeal on 12-7-1968 and passed the following decree in modification and supersession of the decree of the lower court.

(3.) In the meanwhile, an extent of AC. 384-15 ceuts comprised in Survey No, 28 of Mianpur village is sought to be acquired by the land Acquisition Officer and a notification under Section 4(1) of the Land Acquisition Act was made on March, 17, 1967. Pursuant to the direction given by the High Court, the Tahsildar in Case No. A4/5834/68, after affording opportunity to both parties, refused to grant the requisite sanction under section 47 of the Act by bis order dt. October, 28, 1968, against which an appeal was preferred by the petitioner to the Joint Collector, Hyderabad in November, 1968. As the Tahsildar refused to grant permission under Section 47 of the Act, the defendant deposited a sum of Rs. 17400/- (i.e. Rs. 12000 plus interest) on December, 17, 1968 in the City Civil Court and filed E.A No. 4/68 on January, 2, ly69 praying for recording satisfaction of the decree in C.C C.A. No. 17/64. That E.A. was dismissed by the Court on February, 4. 1969 as premature in view of the pendency of the Appeall On March, 18, 1969, the amending Act omitting sections 47 to 50 of the Principal Act came into force.