BHOI BHOOMA Vs. SYED HUSSAIN

JUDGEMENT

(1.) This Second Appeal raises a question relating to the applicability of section 99 of the Hyderabad Tenancy and Agricultural Lands Act (XXI of 1950) (hereinafter referred to as the Act).

(2.) The facts giving rise to this appeal may be briefly narrated. The respondent, claiming to be the owner of certain lands forming the subject-matter of this appeal, filed a petition under section 99 of the Act for eviction before the Tahsildar, Bodhan. The petition was opposed by the appellants, who were the defendants in O.S. No. 16/1 of 1955 on the file of the Subordinate Judge's Court, Nizamabad, on the plea that they themselves were the owners of the lands, that they had not taken them on lease and that, therefore, there Was no relationship of landlord and tenant between them. This objection prevailed with the Tahsildar with the result that he dismissed the petition holding that the defendants-appellants were not the protected tenants of the plaintiff-respondent, and the plaintiff was directed to seek redress in a civil Court. An appeal carried by the plaintiff to the Collector, Nizamabad, proved futile. So, he was obliged to bring O.S. No. 16/1 of 1955 on the file of the Subordinate Judge's Court, Nizamabad.

(3.) The answer contained in the written statement was that the lands belonged to them and not to the plaintiff and, therefore, there was no question of their having taken the lands on lease. They also contended that the suit was barred under section 99 of the Act.