GANAPATHI Vs. MIRZA MUSTAFA ALI BAIG

JUDGEMENT

(1.) This revision is filed under Section 91 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the Act"). The petitioners assail the order, dated 12.10.2004, passed by the Joint Collector, Medak, affirming the order dated 31.3.2003, passed by the Revenue Divisional Officer (RDO), Sanga Reddy. The proceedings arose out of an application filed by the respondents under Section 32(2) of the Act.

(2.) The petitioners claim that they are the protected tenants in respect of Ac.27-32 gts. in Sy.No.20 and Ac.14.35 gts. in Sy.No.21 of Waddi Village of Nyalkal Mandal, Medak District, and that respondents 1 and 2 are the land holders. Number of proceedings ensued between the parties. The petitioners were recorded as protected tenants, under the provisions of the Act, in respect of the said land. The respondents initiated proceedings before the Mandal Revenue Officer (MRO) in the year 1986, alleging that the tenancy deserves to be terminated since the petitioners did not pay the rent. The application was rejected. In an appeal preferred before the Joint Collector, an order was passed on 25.9.1991, holding that since the respondents possessed less than two family holdings, the petitioners are not entitled to be granted ownership certificate, under Section 38-E of the Act, but the petitioners cannot be dispossessed, unless it was established that there was any default on their part.

(3.) The petitioners got themselves recorded as pattadars in respect of the land. Aggrieved by the same, the respondents preferred an appeal, under the provisions of A.P. Rights in Land and Pattadar Pass Book Act, 1971, before the RDO. The appeal was allowed and the names of the respondents were restored as pattadars.