DORAMMA Vs. B K RAYUDU

JUDGEMENT

(1.) In all these cases the question that arises for consideration is: What is the meaning to be given to the words "personally cultivates" occurring in Section 3 (t) of the A.P. Agricultural Indebtedness (Relief) Act VII of 1977 (hereinafter referred to as 'Act VII of 1977')?

(2.) Section 3 (t) of Act VII of 1977 defines 'small farmer' and reads thus :

(3.) Prima facie we are of the view that the expression 'personally cultivates' occurring in Section 3 (t) of Act VII of 1977 is to be interpreted to mean that the small farmer whose principal means of livelihood is the income derived from agricultural land should hold that land and cultivate it in such a manner that he has si personal control over the cultivation in that extent of land. The Fuller Bench held that 'cultivating the land personally' is one of the requirements to come within the definition of 'small farmer'. It may also be useful in this content to refer to some provisions in other enactments where th? expression 'personally cultivates' is used. Section 2(g) of the Andhra Pradesh (Telungana Area) Tenancy and Agricultural Lands Act XXI of 1950 gives the meaning of the word 'to cultivate personally' as follows :