MOHAMMED HIDAYAT ALI Vs. ALOPI SHANKER

JUDGEMENT

(1.) The short point in this revision petition is whether an order of appointment of a receiver made by the Tahsildar without notice to the party in possession pending decision of an application made under Section 32 of the Andhra Pradesh (Telangana Area) Tenancy & Agricultural Lands Act. is without jurisdiction or is otherwise liable to be set aside in revision.

(2.) The case of the revision petitioner is that the lands in question are family and that in a civil litigation among the members of the family a receiver was appointed by the Court and ultimately a final partion decree was made. It is alleged by the petitioner that one Baijnath alias Bhayyalal got his name recorded as tenant of the entire area measuring about 800 acres of pasture land. The claim of Baijnath that he was a protected tenant is challenged by the petitioner and other members of the family.

(3.) It is further alleged by the petitioner that Bhayyala had given up his claims to the land after taking possession of a part thereof. The relinquishment of his interest was notified by him to the Civil Court as also the Tahsildar. However, his sons filed later the application under Section 32 of the Act. Their claim to be restored to the possession is in question the right of their father to effect and relinquishment of the interest of protected tenancy. It is during the tendency of this application that the order now challenged in revision was made by the Tahsildar.