B. BAL REDDY versus TEEGALA NARAYANA REDDY & ORS.

B. BAL REDDY versus TEEGALA NARAYANA REDDY & ORS.

All alienations of tenanted land made by the landholders without complying with Section 38-D procedure are without legal effect, and interest of Protected Tenant subsists until valid termination. Legal heirs of the Protected Tenant are entitled to restoration of possession.

Parties
Appellant: B. Bal Reddy; Respondents: Teegala Narayana Reddy & Ors.
Jurisdiction
India
Judgment Date
12 August 2016
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Order
Outcome
Appeals dismissed with costs
Legal Topics
Protected Tenancy, Alienation of Tenanted Land, Restoration of Possession
Land Laws Agricultural Tenancy Protected Tenancy Alienation of Tenanted Land Restoration of Possession

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Parties

B. Bal Reddy

Appellant

Teegala Narayana Reddy & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether alienation of tenanted land without offering to Protected Tenant as per Section 38-D is valid
  2. 2 Whether protected tenancy subsists despite loss of possession and devolves upon legal heirs
  3. 3 Whether legal heirs of Protected Tenant are entitled to restoration of possession

Ratio Decidendi

All alienations of tenanted land made by the landholders without complying with Section 38-D procedure are without legal effect, and interest of Protected Tenant subsists until valid termination. Legal heirs of the Protected Tenant are entitled to restoration of possession.

Court Disposition

Appeals dismissed with costs

Orders

  • Costs quantified at Rs.25,000/- in each appeal to be paid by appellants to respondents (heirs and legal representatives of Protected Tenant)