RAVINDER REDDY Vs. AYYAPPA

JUDGEMENT

(1.) This is a revision petition directed against the order of the Joint Collector Hyderabad District made on 23-10-1962.

(2.) The relevant facts are that the petitioner who is the landholder filed an application under Section 98 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, herein after called the Act for eviction of the respondent alleging inter alia that the protected tenant died leaving behind him, his daughter and the respondent who claims himself to be the illatom son-in-law. It was alleged that since he possession of the illatom son-in-law is unauthorised within the meaning of Section 98 of the Act he is liable to be evicted. The respondent resisted the petition on the ground that no such petition can lie against him because he is the heir of the protected tenant and is in possession not unauthorisedly.

(3.) Upon these pleadings and upon an enquiry, the Revenue Divisional Officer held that the illatom-son-in-law is not in unauthorised occupation of the land and consequently dismissed the petition. On appeal, the Joint Collector took the same view.