AP (Telangana Area) Tenancy and Agricultural Lands Act- After Grant Of Ownership Certificate In Terms Of Section 38¬E Protected Tenants Are Deemed To Be Owners

Case: P Satyanarayana v. Nandyala Rama Krishna Reddy

Coram: Justices Hemant Gupta and V Ramasubramanian

Case No.: Special Leave Petition (Civil) No.11286 Of 2021

Court Observation: “The appeals allegedly filed by the protected tenant against the grant of occupancy rights certificate and subsequently being withdrawn is wholly inconsequential as after the grant of ownership certificate in terms of Section 38­E of the Tenancy Act, the protected tenants are deemed to be owners. Once the protected tenants are deemed to be owners, there could not be any occupancy rights certificate as the purchasers were divested of their ownership by virtue of the grant of ownership certificate under Section 38­E of the Tenancy Act. Such a certificate was also not disputed by the purchasers. Therefore, the title of the protected tenants is complete and the ownership unambiguously vests with them.”

“But we are not impressed with the said submission. We have already extracted paragraph 52 of the Order of the High Court which records reasons as to why the High Court thought that the previous proceeding will not be an impediment in the way of the respondent­ plaintiff filing the present suit and seeking an injunction. As rightly observed by the High Court, the dismissal of the application for injunction in the prior suit, was on account of the fact that the photographs showed the land to be an open vacant land. In view of the above, we are of the considered opinion that the impugned order of the High Court does not warrant any interference under Article 136 of the Constitution,”

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Keywords

Tenancy and Agricultural Lands Act, Telangana Area, Ownership Certificate, Grant Of Ownership