NERELLA JANIAH Vs. BAIRAM SAIGA

JUDGEMENT

(1.) This revision petition is against the order of the District Collector dismissing an appeal filed by the petitioner against the order of the Supervising Officer of the Tribunal appointed under the Hyderabad Tenancy and agricultural Lands Act (hereinafter referred to as the Act) declaring the respondent eligible for purchase of land under section 38-E of the said Act.

(2.) The material facts are in short compass and may be set out as follows. The land in dispute is of an extent of 2 acres, 11 guntas in S. No. 459. The petitioner claims to be the landholder as a done from his father-in-law. On 1st November, 1955, the Notification contemplated by section 38-E of the Act was issued. Pursuant to this, a preliminary list of protected tenants entitled to purchase lands under that section was prepared by the Supervising Officer of the Tribunal in which the name of the respondent was included. Thereupon, the petitioner filed a petition objecting to the inclusion of the name of the respondent in the list, contending inter alia that the respondent was not a person who could claim the benefit of that section. This objection was overruled and the respondent was declared eligible for the purchase of lands under the relevant section of the Act on 6th February, 1956. The petitioner filed an appeal against this order to the District Collector, who rejected it on 11th September, 1956. It is this order that is under revision now.

(3.) The first question that arises for consideration is whether the petitioner was competent to lodge objections in this behalf. The Appellate Tribunal thought that since it was not established that the petitioner was the owner of the land, he had no right to present an objection petition. He also seems to have felt that, as the respondent was not legally evicted, no objection to the declaration contemplated under section 38-E of the Act could be entertained. We do not think that the view of the Collector as regards the right of the petitioner to file n objection petition is sustainable.