UNDAVILLI NAGARATHNAM & ANR. versus REDDI SATYANARAYANA MURTHI & ORS.

UNDAVILLI NAGARATHNAM & ANR. versus REDDI SATYANARAYANA MURTHI & ORS.

The deed executed by Subbarayudu in favour of defendant No. 1 is a lease as per section 105 of the Transfer of Property Act; the tenant acquires protection under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956; plaintiffs, being assignees through gift, are landlords under the Act after Subbarayudu's death, and eviction must follow procedure under the Act not civil suit.

Parties
Appellant Plaintiff: Undavilli Nagarathnam; Appellant Plaintiff: Undavilli Nagarathnam (Plaintiff No. 2); Respondent Defendant (no. 1): Reddi Satyanarayana Murthi; Respondent: Defendant No. 2; Respondent: Defendant No. 3; Respondent: Defendant No. 4 (first daughter of Subbarayudu)
Jurisdiction
India
Judgment Date
01 April 1976
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Decree/order Dated 26th April 1967 of the Andhra Pradesh High Court in Appeal No. 64 of 1962
Outcome
Appeal dismissed
Legal Topics
Lease Vs Settlement Distinction, Cultivating Tenant Protection, Bar of Civil Jurisdiction Under Tenancy Act
Property Law Tenancy Law Lease Vs Settlement Distinction Cultivating Tenant Protection Bar of Civil Jurisdiction Under Tenancy Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Undavilli Nagarathnam

Appellant Plaintiff

Undavilli Nagarathnam (Plaintiff No. 2)

Appellant Plaintiff

Reddi Satyanarayana Murthi

Respondent Defendant (no. 1)

Defendant No. 2

Respondent

Defendant No. 3

Respondent

Defendant No. 4 (first daughter of Subbarayudu)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Decree/order Dated 26th April 1967 of the Andhra Pradesh High Court in Appeal No. 64 of 1962

Legal Issues

  1. 1 Whether the deed dated 4-8-1958 executed by Subbarayudu in favour of first defendant is a settlement deed or a lease
  2. 2 Whether defendant No. 1 is entitled to protection under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956
  3. 3 Whether plaintiffs are landlords and defendant No. 1 is a cultivating tenant under the Act

Ratio Decidendi

The deed executed by Subbarayudu in favour of defendant No. 1 is a lease as per section 105 of the Transfer of Property Act; the tenant acquires protection under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956; plaintiffs, being assignees through gift, are landlords under the Act after Subbarayudu's death, and eviction must follow procedure under the Act not civil suit.

Court Disposition

Appeal dismissed

Orders

  • Plaintiffs entitled to reliefs except eviction from A and B Schedule properties; eviction must be obtained by application to the Tahsildar under the Andhra Act; no order as to costs