MAN MOHAN & ORS. versus MOHD. MOHINUDDIN ALI KHAN (DEAD) BY L.RS.

MAN MOHAN & ORS. versus MOHD. MOHINUDDIN ALI KHAN (DEAD) BY L.RS.

Restoration of protected tenancy under Sections 45 and 46 can be sought by legal heirs of the original tenant. Cultivation by the landlord's agents on a crop-share basis does not amount to personal cultivation under Section 2(g) of the Act. Administrative circulars cannot override statutory provisions.

Parties
Appellant: Man Mohan & Ors.; Respondent: Mohd. Mohinuddin Ali Khan (dead) by L.Rs.
Jurisdiction
India
Judgment Date
09 May 2008
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Revision Petition No. 2336/1997
Outcome
Appeal allowed
Legal Topics
Protected Tenancy, Restoration of Possession, Heritability of Tenancy Rights, Personal Cultivation, Interpretation of Statutes
Agricultural Law Tenancy Property Law Protected Tenancy Restoration of Possession Heritability of Tenancy Rights Personal Cultivation Interpretation of Statutes

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 1 Party arguments 2
Sign in to unlock

Parties

Man Mohan & Ors.

Appellant

Mohd. Mohinuddin Ali Khan (dead) by L.Rs.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Revision Petition No. 2336/1997

Legal Issues

  1. 1 Whether successors of a protected tenant are entitled to restoration of possession under Sections 45 and 46 of the Andhra Pradesh (Telengana Area) Tenancy and Agricultural Lands Act, 1950 when the landholder failed to cultivate personally as required by the Act.
  2. 2 Whether cultivation by the landholder through others on crop-sharing amounts to 'personal cultivation' under Section 2(g) of the Act.
  3. 3 Whether the clarificatory Circular No. 650 dated March 30, 1951 overrides the statutory definition of 'personal cultivation'.

Ratio Decidendi

Restoration of protected tenancy under Sections 45 and 46 can be sought by legal heirs of the original tenant. Cultivation by the landlord's agents on a crop-share basis does not amount to personal cultivation under Section 2(g) of the Act. Administrative circulars cannot override statutory provisions.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside.
  • Order of the Joint Collector dated 16th June, 1977 restored.