JALADI SEETHARAMAMMA Vs. RAMALINGASWARA SWAMI TEMPLE GUNDAVARAM

JUDGEMENT

(1.) All these matters arise out of certain proceedings initiated under the provisions of A.P. (Andhra Area) Tenancy Act, 1956 (for short the Tenancy Act) against the termination of the tenancy in respect of agricultural lands belonging to or give or endowed for the purpose of charitable or Hindu religious institutions or endowments as defined under the provisions of the A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987 (for short the Endowments Act).

(2.) In these cases, the lands held by the institutions were given on lease to private parties. The relationship between the landlord and tenant are regulated by the Tenancy Act until the advent of the Endowments Act. Therefore various applications were made either by the landlord or tenant, as the case may be, seeking the various reliefs in each of these applications before the Special Officer. In some cases reliefs were granted and in some cases the Special Officer declined the relief. Aggrieved by the same, the unsuccessful party appealed to the appellate authority, concerned under the Tenancy Act. Depending on the result before the appellate authority, the unsuccessful party before the appellate authority preferred these civil revision petitions invoking the jurisdiction of this Court under Article 227 of the Constitution of India.

(3.) The State of Andhra Pradesh enacted Act No.37 of 1987 called A.P. Charitable & Hindu Religious Institutions & Endowments Act, 1987 which came into force with effect from 28.5.1987. Section 82 of the Endowments Act reads as under: (1) Any lease of agricultural land to or given or endowed for the purpose of any institution or endowment subsisting on the date of commencement of this Act shall, notwithstanding anything in any other law for the time being in force, held by a person who is not a landless poor person stands cancelled. (2) In respect of leases of agricultural lands held by landless poor persons for not less than six years continuously, such personal shall have the right to purchase such lands for a consideration of seventy five per centum of the prevailing market value of similarly situated lands at the time of purchase and such consideration shall be paid in four equal installments in the manner prescribed. Such sale may be effected otherwise than by tender-cum-public auction. Provided that if such person fails to purchase the land in accordance with this sub-section or is unwilling to purchase the land, the lease shall be deemed to have been terminated. Explanation: For the purpose of this sub-section landless poor person means a person whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed 1.011715 hectares (two & Half acres) of wet land or 2.023430 hectares (five acres) of dry land and whose monthly income other than from such lands does not exceed two hundred and fifty rupees per mensum or three thousand per annum. For the purpose of competing the extent of land 0.404685 hectares (one acre) of wet land shall be equal to 0.309372 hectares (two acres) of dry land. (3) The authority to sanction the lease or license in respect of any property or any right or interest thereon belonging to or given or endowed for the purpose of any charitable or religious institution or endowment, the manner which and the period for which such lease or license shall be such as may be prescribed. (4) Every lease or license of any immovable property, other than the Agricultural land belonging to or given or endowed for the purpose of any charitable or religious institution or endowment subsisting on the date of the commencement of this Act, shall continue to be in force subject to the rules as may be prescribed under Sub-section (3).