CHODE SURYA RAO Vs. WEST GODAVARI

JUDGEMENT

(1.) This writ petition has been referred to Bench by a learned single Judge in view of certain questions of law arising herein, being of first impression. Of the three questions referred, the first question is one confined to the fact of the case, while questions 2 and 3 are general in nature. We shall first refer to the relevant facts briefly.

(2.) The 3rd respondent (landlord), a temple, applied for resumption of land leased out to the petitioner. The total extent of the land leased out is Ac.860 cents. This application for resumption was filed by the lianayer of the temple in pursuance ot a given by the Asst. Commissioner of Endowments in his proceedings dated 23-10-1980. The petition was allowed by the original authority, whose order has been confirmed in appeal. In this writ petition filed by the tenant three questions were urged before the learned single judge, viz., (i) that, in the circumstances of the case, it cannot be said to have been established that the application for resumption filed by the temple was in good faith; (ii) inasmuch as the application filed by the temple was not in conformity with Rule 5 of the Andhra Tenancy Rules, the application was liable to be dismissed, and (iii) that the ceiling prescribed in Section 12 of the Andhra Tenancy Act (on the extent of land which can be resumed by a landlord) not being applicable to the respondent-tempie-inasmuch as it is exempted from the operation of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - it must be held that Section 12 itself does not avail such temples.

(3.) Section 12 of the Andhra Tenancy Act (hereinafter referred to as "the Act") was substituted by the Amendment Act 39 of 1974. The said amendment was, however, brought into force only on, and with effect from 1.7.1980.It provides for resumption of land leased out by a landlord for his personal cultivation. sub-Section (1) of Section 12 reads as follows:- "12.(1): Notwith standing anything in Section 10, a landlord who in good faith requires for his personal cultivation any land leased by him to a cultivating tenant shall be entitled to resume possession of the land, so however,that the total extent of the land, held by the landlord under his personal cultivation after such resumption does not exceed two thirds of the ceiling area as defined in clause (c) of Section 3 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdngs) Act, 1973: Provided that such right of resumption shall be limited to an extent which shall, after such resumption leave, with the cultivating tenant on area which is not less than one-half of the land held by him under lease prior to such resumption. Explanation: In determining the total extent of land held by a landlord under his personal cultivation, any transfer of land under his personal cultivation made on or after the 14th March 1970, shall be disregarded and the land so transferred shall be deemed to be held under his personal cultivation." According to this sub-section, a landlord can resume the land leased out to a tenant for his personal cultivation, if he requires the same for his personal cultivation in good faith. This is however, subject to two limitations, viz.(i) by such resumption the land held by the landlord under his personal cultivation, after such resumption, should not exceed two-thirds of the ceiling area as prescribed by the A.P.Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and (ii) that the right of resumption shall be limited to half the land leased out to the tenant only. While determining the total extent of the land held by a landlord under his personal cultivation, any transfer made by him on or after 14th March, 1970, shall be disregarded, and the land thus transferred shall be deemed to be under his personal cultivation.