Holding

The High Court could not reopen the grant or issuance of the ownership certificate under Section 38‑E(2) or the right to restoration of possession for appellants 1 and 3, as those matters had attained finality and the Act must be interpreted liberally in favour of protected tenants.

Summary

The appellants, successors of protected tenants, sought ownership certificates under Section 38‑E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, which were challenged by the respondents who claimed purchase of the land from the original landlord. The Revenue Divisional Officer and the Appellate Authority held the appellants to be protected tenants and issued certificates, but remanded the matter to examine the alleged surrender of tenancy by one predecessor. The High Court set aside the earlier findings, holding that the certificates were issued without proper appreciation of the material and that the respondents could contest the grant. The Supreme Court held that the High Court could not reopen the issue of grant or issuance of the ownership certificate for appellants 1 and 3, nor the right to restoration of possession, as those matters had attained finality and the Act is a beneficial legislation to be construed liberally. Consequently, the appeal was allowed and the High Court judgment set aside.

Issues considered

The validity of the ownership certificates issued under Section 38‑E(2) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950.
Whether the High Court could reopen the grant or issuance of the certificate and the right to restoration of possession for the appellants.
Whether a challenge to a consequential order is permissible without challenging the basic order or statutory provision.
Whether the alleged surrender of tenancy by a predecessor complied with the statutory requirements of Section 19 of the Act.

Legislation cited

Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950s. 19, s. 2(r), s. 2(w), s. 32, s. 34, s. 37-A, s. 38, s. 38-E, s. 47, s. 48

Subjects

Beneficial legislationInterpretation of statutesProtected tenantOwnership certificateSection 38‑ERestoration of possessionChallenge to consequential orderStatutory constructionLand tenureTenancy surrender

Judgment

[2009] 16 (ADDL.) S.C.R. 47

EDUKANTI KISTAMMA (DEAD) THR. LRS. AND ORS. A
v.
S. VENKATAREDDY (DEAD) THR. LRS. AND ORS.
(Civil Appeal No. 1664 of 2004)
DECEMBER 3, 2009
B
[TARUN CHAlTERJEE AND DR. B.S. CHAUHAN, JJ.]

Andhra Pradesh (Telangana Area) Tenancy &
Agricultural Lands) Act, 1950 - s. 38-E - Ownership
Cerlificates under - To protected tenants - Objection to - C
Objector claiming purchase of the suit properly from the
original tenure holder and on basis of surrender of tenancy
by one of the tenants - Revenue court dismissing the
objection upholding status of protected tenancy - Appellate
authority declaring that predecessors of appellant Nos. 1 and D
3 were protected tenants and remanded the case to Revenue
Coult to decide as to whether the surrender of tenancy by one
tenant was in confirmity of the provisions of the Act - Grant
of restoration of posession in favour of appellant nos. 1 and
3 attained fianlity - On remand, Revenue Coult holding the E
surrender not in conformity of the statutory provisions -
Appellate authority confirming the order - In revision, High
Coult holding that grant of Ownership Certificates were not
correct - On appeal, held: It was not permissible for the High
Coult to reopen the issue either of grant or issuance of F
cerlificate or deal with the issue of restoration of possession
- The Act being beneficial legislation should not be construed
in favour of deprivation of right of a person to properly -
Interpretation of Statutes.

Interpretation of Statutes - Beneficial legislation - G
Interpretation of - Held: Such legislation to be construed
)·
liberally so as to make it effective and operative and to further
the ends of justice and not to frustrate the statute.

47 H
48 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.

A Practice and Procedure - Challenge to consequential "'
order without challenging basic order or/statutory provision -
Not permissible.

Predecessor-in-interest of the appellants claimed to
be protected tenants and sought ownership certificates
8
to become full owners of the suit land. Respondents
objected to the issuance of the certificates u/s. 38-E of
Andhra Pradesh (Telangana Area) Tenancy and
Agricultural Lands Act, 1950, stating that they were the
owners of the land as the same was purchased by their
C father from the original tenure-holder of the land.
Respondents placed reliance on a decree passed by a
civil court in a suit between the original tenure-holder and
their father. Revenue Divisional Officer (RDO) dismissed
the objection, holding that the revenue records proved
D that the predecessors-in-interest of the appellants were
the protected tenants. Appellate authority dismissed the
appeal affirming the finding that predecessor-in-interest
of the appellants were protected tenants. However, it
remanded the matter to RDO to examine as to whether
E the alleged surrender of tenancy by predecessor-in-
interest of appellant No.2 was in conformity/consonance
wlth the provisions of the Act. The order was not
challenged further.

F Application of appellant Nos.1 and 3 for restoration
of possession was allowed. Writ petition against the
order was also dismissed by High Court. After remand,
RDO decided that surrender of tenancy by the
predecessor-in-interest of appellant no.2 was not in
G conformity with the provisions of the Act and the said
tenant was entitled to approach Mandal Revenue Officer
for restoration of possession. Appeal against this order
was dismissed. Revision against the order of appellate
Court was allowed by High Court. Hence the present
appeal.
H
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 49
....... S. VENKATAREDDY(DEAD)THR. LRS .
, _...,..\
Allowing the appeal, the Court A
HELD: 1.1. The scheme of the Andhra Pradesh
(Telangana Area) Tenancy and Agricultural Lands Act,
1950 provides that a person who is a protected tenant has
a right to get the ownership in accordance with the B
statutory provisions, provided the total area of the land
owned by the landholder including the land under the
'I cultivation of his tenants is more than three times the area
of a family holding for the local area concerned. The
person should be in lawful possession of the land on the
date of commencement of the 1950 Act to claim benefits
c
thereunder. [Para 19] [68-D-E]

1.2. The Government has to make a declaration by
publishing the notification in the Gazette in respect of any
area and from such date as may be specified therein, that D
\ the ownership of all lands held by protected tenants
which they are entitled to purchase from their land-
holders in such area under the Act, subject to the
conditions laid down under section 38(7) of the Act would
stand transferred to and vest in the protected tenants E
holding them as such and from such date the protected
tenants shall be deemed to be the full owners of such
lands. [Para 19] [68-F-G]
. 1.3. The certificate issued under section 38-E(2) shall
be conclusive evidence of the protected tenant having F
become the owner of the land with effect from the date
of the certificate, as against the landholder and all other
persons having any interest therein. In case the protected
tenant is not in possession of the land, he has a right of
restoration of the possession of the said land through the G
Tahsildar. The protected tenant cannot be dispossessed
illegally by the landlord or anybody else. If so,
dispossessed, he has a right to restoration of the
possession. He can be dispossessed only by taking
recourse to the procedure prescribed under section 32 H
50 SUPREME COURT REPORTS (2009) 16 (ADDL.) S.C.R.

A of the Act of 1950. [Para 19] [68-H; 69-A-B] }-...._
-
......

1.4. There is a complete embargo on the right of the
landholder to alienate the tenanted land to third party
without giving an option to the tenant to purchase the
land. Section 47 of the Act of 1950 (omitted by
B
amendment of 1969) provided that any transfer of such
land except, to the protected tenant shall be void ab initio.
The protected tenant may surrender his rights by strict
adherence to the statutory requirements under the Act of "'
1950. In case there is any deviation of any such
c requirement, it would render the surrender ineffective and
inconsequential. [Para 19] [69-C-D]

1.5. In the instant case, the pleadings taken by the
respondents of all stages are not sufficient to reach any
D conclusion on the issue of grant and issuance of the
certificate. It has not been mentioned anywhere that,
certificate as required under Section 38-E(2) of the Act of
1950 had earlier been granted and the dispute was raised
by the respondents only at the stage of its issuance. [Para
E 24] [71-E]
1.6. Predecessor-in-interest of the appellants, being
protected tenants had been issued the ownership
certificates on 31st May, 1975. The issuance of the said
certificates was objected by the respondents on the •
F ground that predecessor-in-interest of the appellant no.
2 had already surrendered his tenancy rights to the land
holder in the year 1958 and the respondents were in
possession of the land by virtue of the decree of the Civil
Court in favour of their father, as the original land holder
G did not execute the sale deed in pursuance to the
agreement to sell. [Para 25] [71-H; 72-A-B]

1.7. The civil court had passed the decree without
making reference to the pleadings; neither the pleadings
H in the suit nor the judgment reveals as under what
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 51
S. VENKATAREDDY(DEAD)THR. LRS.
,-
circumstances the claim for ownership had been made A
~
by the father of the respondents. There is nothing in the
judgment of the Civil Court as on what basis and in which
"
year the father of the respondents got possession of the
land in dispute. It does not reveal the existence of any
sale deed or agreement to sell. It has not been mentioned B
as to whether any amount of money as a part of
consideration had ever been paid to the land holder the
suit had been decreed ex-parte, within 3-4 months from
., its institution. It is neither desirable nor permissible in law
to make any comment on its merits, so far as the said c
judgment and decree are concerned. [Para 27] [73-A-C]
1.8. The question of reconsideration of the validity of
the tenancy certificate under Section 38-E (2) so far as the
appellant nos. 1& 3 are concerned, could not arise in any
~ subsequent proceedings whatsoever. More so, the D
entitlement of the said appellant nos. 1&3 to claim
.' restoration of possession also cannot be reopened/
.... ~ questioned, as their entitlement to that effect had attained
c-- finality as the judgment and order of the High Court
c;!\ wherein, their right to claim restoration of possession had E
(\I been upheld, was not challenged by the respondents any
further. [Para 31) [74-F, G]
1.9. The issue qua the predecesor-in interest of
appellant No. 2 could not be reopened, so far as the
" alleged surrender by the predecessor-in-interest of the F
appellant no. 2 was concerned. It was held to be not in
conformity with the statutory requirement. The Appellate
Authority dismissed the appeal against the judgment and
order of the RDO (decided after remand) affirming the
findings of fact recorded by RDO that alleged surrender G
was not in confirmity with the procedure prescribed
under Section 19 of the Act 1950. The Mandal Revenue
Officer was directed only to dispose of appellants'
application seeking restoration. [Paras 32 and 33) [75-A-
C; 75-H; 76-AJ H
52 SUPREME COURT REPORTS [2009) 16 (ADDL) S.CR.

A 1.10. It was not permissible for the High Court to ._
reopen the issue either of grant or issuance of tenancy
certificate under Section 38-E (2) or deal with the issue
of restoration of possession so far as the appellant nos.
1& 3 are concerned. At the most, the High Court could
B proceed only in the case of the appellant no. 2. [Para 34)
[76-B]

1.11. The High Court was not justified in observing
that as the issue of restoration of possession remained
C pending before the authority for about nineteen years, the
respondents were justified in getting adjudication of their
rights regarding issuance of certificate as it had not
reached the finality. Mere pendency of proceedings
before the Court/Tribunal cannot defeat the rights of a
party, which had already been determined. The High
D Court ought to have appreciated that proceedings were
only in respect of execution of the orders, which had
already been passed. Thus, proceedings were for the
consequential relief. The issue of restoration of
possession is to be decided under Section 32 of the Act
E of 1950. Question of application of the provisions of
Section 35, ought to have been raised in the first round
of litigation. Such an issue is required to be agitated at
the very initial stage of the proceedings and not in
execution proceedings. The said issue in respect of
F appellant nos. 1&3 had already attained finality. More so,
if in the Tenancy Registers of the relevant years, the
names of the predecessors in interest of appellants were
recorded as tenants, the High Court could not have
opened the issues of factual controversies at all. [Para 35)
G [76-D-G]

1.12. It was not permissible for the High Court to re-
open the issue in respect of all the appellants as to
whether they were entitled for making the applications
H
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 53
S. VENKATAREDDY (DEAD) THR LRS.

for restoration of possession. Once a protected tenant A
gets a certificate of ownership under Section 38-E(2) of
the Act 1950, he has a right to apply for restoration of
possession to him if he has been dispossessed. The
protected tenant also has a right to ask for summary
eviction of trespasser. [Para 37] (77-F] B

1.13. The High Court ought to have taken into
consideration as under what circumstances the
respondents had been claiming their right to object to the
grant of certificates to the appellants and, as to whether C
the alleged sale deed or agreement to sale which had
never been produced in any Court, and was admittedly
in contravention of Section 47 of the Act, could give any
cause of action to the respondents as, the transaction
itself remains inconsequential and ineffective rather, void
ab initio. The respondents also could not explain as D
since what date or year they had been in possession of
the land in dispute. Respondents even today are not
aware as to what is their case exactly and on what basis
they claim the relief. It becomes well nigh, impossible to
determine as to whether the predecessor-in-interest of · E
the respondents ever purchased the suit property and
even if it was so, admittedly, the transaction was void
being in contravention of Section 47 of the Act of 1950.
i [Para 38] (77-G-H; 78-A; 78-G-H; 79-A]
F
1.14. The fact that respondents have entered into
compromise with appellant no.3 in the year 2003 and a
rectification deed had been prepared, is an indication that
no valid title had ever passed in favour of respondents,
otherwise there was no occasion for them to enter into a G
compromise with appellant no.3. [Para 38] [79-B]

Kotaiah & Anr. vs. Property Association of the Baptist
Churches (Pvt.) Ltd., AIR 1989 SC 1753, relied on.

Sada and etc. etc. v. The Tahsi/dar, Utnoor, Adilabad H
54 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.

A District and Anr. etc. etc., AIR 1988 AP 77; N. Srinivasa Rao ,.. ,...
v. Special Court under the A.P. Land Grabbing (Prohibition)
Act & Ors. AIR 2006 SC 3691; Babu Parasu Kaikadi (dead)
by Lrs. vs. Babu (dead) Thru. Lrs., AIR 2004 SC 754;
Ramchandra Keshav Adke (dead) by Lrs. vs. Govind Joti
B Chavare & Ors. AIR 1975 SC 915; Bhagwant Pundalik vs.
Kishan Ganpat Bharasaka/ & Ors. AIR 1971 SC 435 and
Abdul Ajij Shaikh Jumma & Anr. vs. Dashrath lndas Nhavi & I-

Ors. AIR 1987 SC 1626, referred to.
~

2.1. The challenge to consequential order without
c challenging the basic order/statutory provision on the
basis of which the order has been passed cannot be
entertained. Therefore, it is a legal obligation on the part
of the party to challenge the basic order and only if the
same is found to be wrong, consequential order may be
D examined. [Para 20] (69-E]
'I
P. Chithranja Menon & Ors. v. A. Balakrishnan & Ors.
AIR 1977 SC 1720; H. V. Pardasani etc. v. Union of India &
Ors. AIR 1985 SC 781; Government of Maharashtra & Ors.
E v. Deokar's Distillery AIR 2003 SC 1216 relied on.
2.2. Grant of a right or a permit/licence under any
statutory provision requires determination of rights and
entitlement of the parties. Once such a right is
determined, the issuance of the order on the basis of ~
F such determination remains a ministerial act. [Para 21]
(69-G]

Kundur Rudrappa v. The Mysore Revenur:> ~ppellate
Tribunal & Ors. AIR 1975 SC 1805; Sharif Ahmad & Ors. v.
G The Regional Transport Authority, Meerut & Ors. AIR 1978
SC 209; A.P.S.R. T.C., etc. etc. v. State Transport Appellate
Tribunal & Ors. AIR 1998 SC 2621, relied on. ~

3. The Act of 1950, being a beneficial legislation
requires interpretation to advance social and economic
H
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 55
S. VENKATAREDDY(DEAD)THR. LRS.

justice and enforce the constitutional directives and not A
to deprive a person of his right to property. The statutory
provisions should not be construed in favour of such
deprivation. Interpretation of a beneficial legislation with
a narrow pedantic approach is not justified. In case, there
is any doubt, the court should interpret a beneficial B
legislation in favour of the beneficiaries and not otherwise
as it would be against the legislative intent. For the
i purpose of interpretation of statute, the Act is to be read
in its entirety. The purport and object of the Act must be
given its full effect by applying the principles of purposive c
construction. The Court must be strong against any
construction which tends to reduce a statute's utility. The
provisions of the statute must be construed so as to
make it effective and operative and to further the ends of
justice and not to frustrate the same. The court has the 0
duty to construe the statute to promote the object of the
statute and serve the purpose for which it has been
enacted and should not efface its very purpose. [Para 22)
[69-E-H]

S.P. Jain v. Krishna Mohan Gupta & Ors. AIR 1987 SC E
222; Reserve Bank of India v. Peerless General Finance and
Investment Co. Ltd. & Ors. AIR 1987 SC 1023; Secretary,
Haryana State Electricity Board v. Suresh & Other etc. etc. AIR
1 1999 SC 1160; Gayatri Devi Pansari v. State of Orissa & Ors.
AIR 2000 SC 1531; High Court of Gujarat & Ors. v. Gujarat F
Kishan Mazdoor Panchayat & Ors. AIR 2003 SC 1201; Indian
Handicrafts Emporium v. Union of India AIR 2003 SC 3240;
Ashok Leyland Ltd. v. State of T.N. (2004) 3 SCC 1; Ameer
Trading Corpn. Ltd. vs. Shapoorji Data Processing Ltd. AIR
2004 SC 355; Deepal Girishbhai Soni & Ors. v. United G
Insurance Co. Ltd. Baroda AIR 2004 SC 2107; Maruti Udyog
t Ltd. v. Ram/a/ & Ors. AIR 2005 SC 851; Oriental Insurance
Co. Ltd. v. Brij Mohan & Ors. AIR 2007 SC 1971; Kamataka
State Financial Corporation v. N. Narasimahaiah & Ors. AIR
2008 SC 1797, relied on. H
56 SUPREME COURT REPORTS [2009] 16 (ADDL) S.C R

j
A Case Law Reference:

AIR 1988 AP 77 referred to Para 15

AIR 1989 SC 1753 relied on Para 16

AIR 2006 SC 3691 referred to Para 17
B
AIR 2004 SC 754 referred to Para 18

AIR 1975 SC 915 referred to Para 18

AIR 1971 SC 435 referred to Para 18
c
AIR 1987 SC 1626 referred to Para 18

AIR 1977 SC 1720 relied on Para 20

AIR 1985 SC 781 relied on Para 20
D AIR 2003 SC 1216 relied on Para 20
~

AIR 1975 SC 1805

AIR 1978 SC 209
relied on

relied on
Para 21

Para 21
•
E AIR 1998 SC 2621 relied on Para 21

AIR 1987 SC 222 relied on Para 22

AIR 1987 SC 1023 relied on Para 22

AIR 1999 SC 1160 relied on Para 22
F
AIR 2000 SC 1531 relied on Para ~2

AIR 2003 SC 1201 relied on "dra 22

AIR 2003 SC 3240 relied on Para 22
G
(2004) 3 sec 1 relied on Para 22
t
AIR 2004 SC 355 relied on Para 22

AIR 2004 SC 2107 relied on Para 22

H
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 57
S. VENKATAREDDY(DEAD)THR. LRS.
~
AIR 2005 SC 851 relied on Para 22 A

AIR 2007 SC 1971 relied on Para 22

AIR 2008 SC 1797 relied on Para 22

CIVIL APPELLATE JURISDICTION : Civil Appeal No. B
1664 of 2004.

From the Judgment & Order dated 9.10.2002 of the High
i
Court of Judicature of Andhra Pradesh at Hyderabad in Civil
Revision Petition No. 4289 of 2001. ·
c
Ranjit Kumar, Mahabir Singh, D. Mahesh Babu, C.S.N.
Rao for the Appellants.

P.S. Narasimha, Himinder Lal, K.N. Rai, M. Srinivas R.
Rao, Abid Ali Beeran, Rohmani, K. Parameshwar, Sudha
D
Gupta for the Respondents.
't
The Judgment of the Court was delivered by

DR. B.S. CHAUHAN, J. 1. This appeal arises out of the
judgment and order dated 9.10.2002 of the Andhra Pradesh E
High Court passed in Civil Revision Petition No. 4289 of 2001
· and CC No: 829 of 2002 by which the High Court set aside
the concurrent findings· of fact recorded by the Additional
Revenue Divisional Officer, Land Reforms Tribunal and the
i
Appellate Tribunal to the effect that predecessor-in-interest of F
the appellants were protected tenants under the provisions of
The Andhra Pradesh (Telangana Area) Tenancy and Agricultural
Lands Act, 1950 (hereinafter called as "The Act 1950").

2. The facts and circumstances giving rise to this case are
that predecessor-in-interest of the appellants claimed to be G
protected tenants and sought ownership certificates to become
full owners of the suit land.

3. The respondents, herein, claimed to have purchased the
land from the original land holder and sought to disentitle the H
58 SUPREME COURT REPORTS (2009] 16 (ADDL.) S.C.R.

A appellants of their rights. As per the tenancy register of 1951,
the predecessor-in-interest (E.Verrraiah) of the Appellant No.1
alongwith one B. Ramchander had been shown as tenants in
respect of the lands in survey Nos. 50, 61 & 74. Similarly, the
Tenancy Register of 1958 revealed that the predecessor-in-
s interest of the appellant nos. 2 & 3 and some other persons
were tenants in respect of survey Nos. 51, 52, 53 & 54. On
introciuction of the Andhra Pradesh Land Ceiling Act, 1973
(hereinafter called as "Act 1973"), a provisional list dated
t
31.12.1974 was issued showing the predecessor-in-interest of
c the appellants as protected tenants of the said lands. The
respondents filed objections dated 18. 2. 1975 before the
Additional Revenue Divisional Officer (hereinafter called as
''RDO") claiming that their predecessor-in-interest i.e. father had
purchased the said land from the original tenure holder Smt.
Ayesha Begum in the year 1954. Therefore, appellants may not
0
be issued the ownership certificates under Section 38-E of the
Act 1950.

4. After considering the claims and counter claims, the
RDO dismissed the Claim Petition/objections filed by the
E respondents vide judgment and Order dated 31.5.1975. The
RDO held that the objectors neither produced any document
on the basis of which such objections could be entertained nor,
adduced any other evidence to substantiate their claim of
ownership. As the names of the predecessor-in-interest of the
F appellants were found in the tenancy records pertaining to the
years 1951 and 1958, they were held to be protected tenants.
The alleged surrender of tenancy rights by the predecessor-in-
interest of appellant no. 2, by filing affidavit was found to be
inconsequential for want of compliance with the statutory
G requirements of Section 19 of the Act 1950. The RDO also
commented upon the decree of the Civil Court in favour of the
respondents and against Smt. Ayesha Begum, the original
tenure holder, as the decree was passed ex-parte and the
present appellants or their predecessor-in-interest were not
H impleaded as defendants in the suit.
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 59
S. VENKATAREDDY (DEAD) THR. LRS. [DR. B.S. CHAUHAN, J.]
5. Being aggrieved, the respondents preferred the appeal A
before the Joint Collector, Rangareddy District, Hyderabad
mainly on the ground that they had been in po?session of the

-
suit lands for the last 50 years i.e. since 1931 and that they had
acquired title over the said land. The Appellate Authority
dismissed the appeal filed by the respondents on the ground B
that they could· not produce any evidence of acquiring the
possessory .rights over the said land or having obtained the
~· possession of the land lawfully. The tenants were entitled for
possession of the land in accordance with the provisions of the
law. The Appellate Authority also rejected the prayer of the c
respondents that the decree of the Civil Court in OS No. 5 of
1963 between father of the respondents and original tenure
holder Smt. Ayesha Begum be given effect to, on the ground
that none of the protected tenants had been impleaded as
defendant in the suit. However, the Appellate Authority
0
,. remanded the matter to RDO only for a limited purpose i.e. to
examine as to whether the alleged surrender of tenancy by
submitting the affidavits by the predecessor-in-interest of
Appellant no. 2 (Goundla Paramaiah) and some other protected
tenants namely 8. Ramchander and Begari laxmaiah (not
parties herein), could be in consonance with the provisions of E
the Act 1950. So far as the present case is concerned, the
remand order was limited only with respect to the predecessor-
, in-intere.st of Appellant No. 2, namely, Goundla Paramaiah.

6. So far as the predecessor-in-interest of the Appellant F
Nos. 1 and 3 are concerned, the appeal was dismissed in toto
and they were declared to be protected tenants and ownership
certificates which were issued under Section 38-E of the Act
1950 thus, attained finality. It may also be pertinent to note that
respondents did not prefer any revision against the judgment G
and order dated 22.9.1981 of the Appellate Authority, thus, the
1
said order attained finality.

7. On the basis of the aforesaid judgments and orders of
the RDO and the Appellate Authority, the appellants fileq an H
60 SUPREME COURT REPORTS (2009] 16 (ADDL) S.C R

A application for restoration of possession.

8. In pursuance of the remand order, the RDO considered
the matter afresh only in respect of the predecessor-in-interest

-
of Appellant No. 2 and vicle order dated 10.5.2000. it came to
the conclusion that the surrender was invalid, as procedure
B
prescribed under Section 19 of the Act 1950 had not been
followed. The RDO further observed that the said tenant,
Goundla Paramaiah, was entitled to approach Mandal Revenue
Officer for restoration of possession.

c 9. The respondents, being aggrieved, preferred the appeal
against the order passed by RDO dated 10.5.2000 and it was
dismissed by the Appellate Authority vide Judgment and Order
dated 3.3.2001 observing that the alleged affidavits filed by the
appellant no. 2 and some others were not in consonance with
D the procedure prescribed under Section 19 of Act 1950 and
therefore, findings of fact recorded by the RDO did not warrant
any interference.

10. Being aggrieved, the respondents preferred Civil
Revision Petition No. 4289 of 2001 before the High Court which
E had been allowed holding that the certificates in favour of the
appellants had been issued without any proper appreciation of
the material available on record. The RDO and the Appellate
Authority had acted illegally and passed the orders without
following the procedure prescribed under the Act 1950. Hence,
F this Appeal.

11. Shri Ranjit Kumar, learned senior counsel appearing
for the appellants has submitted that the appellants/
predecessor-in-interest of the appellants had been granted the
G status of protected tenants. In pursuance thereof, the ce11ificates
under Section 38-E had been issued. The respondents merely
challenged ihe issue of certificate without challer.ging the grant
of status of protected tenants. In absence of a challenge of the
basic order, chal1enge to the consequential order remains
H inconsequential. Issue of certificate in pursuance of
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 61
S. VENKATAREDDY (DEAD) THR. LRS. [DR. B.S. CHAUHAN, J.]

t confirmation of the status cannot be equated to the grant of A
status, as the process of issuance is merely a ministerial act.
The appellant nos. 1 and 3· had been declared protected tenants
by RDO and the Appellate Authority. The remand order passed
by the Appellate Authority to RDO was only to examine as to
whether the alleged affidavit of surrender was in conformity with B
the statutory provisions and was limited only in respect of
predecessor-in-interest of appellant no. 2. The order of the
Appellate Authority was not challenged and, thus, attained
-+
finality. Therefore, it was not permissible for the High court, in
exercise of its revisional jurisdiction, to reopen or disturb the c
grant of status of protected tenants so far the appellant nos. 1
& 3 were concerned. The respondents could not be in
possession of the land in pursuance of any agreement to sell
for 50 years. More so, the judgment and decree of the Civil
Court passed in the year1963 could not be binding upon the
0
appellants, as they had not been impleaded as defendants in
the suit. The judgment and decree against Smt. Ayesha Begum,
the original tenure holder also remained ex-parte, as she did
not contest the suit. The respondents neither produced any
agreement to sell nor, any sale deed had ever been executed
in their favour. More so, their claim of having possession also E
varied time and again. Different dates/periods had been
disclosed before different authorities at different stages. They
mentioned at one place that they had been in possession since
1950 and other places since 1954, 1955, 1962 and 1965. Thus,
it is clear that possession has not been claimed since a F
particular date or year by the respondents. Respondents had
no right to challenge the grant of status of protected tenant or
issuance of the certificates in pursuance thereof. The Act 1950
is a beneficial legislation to provide the tenants the right of
ownership. Therefore, it requires liberal construction and it must G
be in favour of the tenant so that the object for which the
provisions were enacted may be achieved. Therefore, the
appeal deserves to be allowed.

12. Per contra, Shri P.S. Narasimha, learned senior H
62 SUPREME COURT REPORTS (2009] 16 (ADDL.) S.C.R.

A counsel appearing for the respondents has submitted that the
appellants/tenants had surrendered their rights in the year
1958, and thus, had lost all rights and interests in the suit land.
Application for possession should have been filed within the
period of limitation prescribed by the Act. The claim of the
B appellants for restoration of possession was much belated and
has rightly been dealt with by the High Court. The respondents
had been the owner of the land by virtue of the judgment and
decree of the Civil Court which had to be given effect to. There
is also a Will in favour of the respondents which confers title
C on them. Therefore, no fault. can be found with the impugned
judgment and order passed by the High Court. The appeal
lacks merit and is liable to be dismissed.

13. We have considered the rival submissions made by
learned counsel for tho parties and perused the records.
D
14. So far as the present appeal is concerned, it may be
necessary to refer to certain statutory provisions of the Act
1950.

"Section 2(r) - 'Protected' - means a person who is
E deemed to be a protected tenant under the provisions of
this Act."

"Section 2(w) - Tribunal" means -

F (i) the Agricultural Lands Tribunal constituted under sub-
sections (1) of Section 87 for the area concerned;
(ii) where no such Tribunal has been constituted, the
Deputy Collector or other officer authorized under sub-
section(4) of the said section."
G
"Section 19. - Termination of Tenancy: ( 1)
Notwithstanding any agreement or usage or any decree
or order of a Court of law, but subject to the provisions of
sub-section (3), no tenancy of land shall be terminated
H before the expiration of the period for which the land is
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 63
S. VENKATAREDDY (DEAD) THR. LRS. [DR. B.S. CHAUHAN, J.]
t leased or deemed to be leased otherwise than - A

(a) by the tenant by surrender of his rights to the landholder
at least a month before the commencement of the year:

Provided that such surrender is made by the tenant in
writing and is admitted by him before and is made in good B
faith to the satisfaction of the Tahsildar.

xx xx xx xx"

"Section 32. - Procedure of taking possession : (1) A
tenant or an agricultural labourer or artisan entitled to
c
possession of any land or dwelling house under any of the
provisions of this Act may apply to the Tahsildar in writing
in the prescribed form for such possession.

XKXXXX D

" "Section 34. - Protected Tenants: (1) A person shall,
subject to the provisions of sub-sections (2) and (3), be
deemed to be a Protected Tenant in respect of land if he
E
(a) has held such land as a tenant continuously-

(i) for the period of not less than six years, being a
period wholly included in the Fasli years 1342 to
• 1352 (both years inclusive), or F
(ii) for a period of not less than six years immediately
preceding the 1st day of January, 1948, or
• (iii) for a period of not less than six years commencing
not earlier than the 1st day of the Fasli year 1353 G
(6th Oct, 1943), and completed before the
commencement of this Act, and

(b) has cultivated such land r-:;rsonally during such
period; H
64 SUPREME COURT REPORTS (2009] 16 (ADDL.) S.C.R.

A (2) & (3) xxxxxxxx" t

"Section 37-A - Persons holding lands as tenants at the
-
commencement of the Hyderabad Tenancy and
Agricultural Lands (Amendment) Act, 1955 to be deemed
to be protected tenants :
B
xxxxxxx
Section 38. Right of protected tenant to purchase land.

c xxxxxxx
"Section 38-E. - "Ownership of lands held by protected
tenants to stand transferred them from a notified date: (1)
Notwithstanding anything in this Chapter or any law for the
time being in force or any custom, usage, judgment,
D. decree, contract or grant to the contrary, the Government
may, by notification in the Andhra Pradesh Gazette,
declare in respect of any area and from such date as may "'
be specified therein, that ownership of all lands held by
protected tenants which they are entitled to purchase from
E their land-holders in such area under any provision of this
Chapter shall, subject to the condition laid down in sub-
section (7) of Section 38, stand transferred to and vest in
the protected tenants holding them and from such date the
protected tenants shall be deemed to be the full owners
F of such lands;

xxxxxxx
(2) A certificate in the prescribed form declaring him to be
owner shall be issued by the Tribunal after holding such
G enquiry as may be prescribed, to every such protected
tenant and notice of such issue shall simultaneously be
issued to the landholder. Such certificate shall be
conclusive evidence of the protected tenant having
become the owner of the land with effect from the date of
H the certificate as against the landholder and all other
EDUKANTI KISTAMMA(DEAD) THR. LRS. v. 65
S. VENKATAREDDY (DEAD) THR. LRS. [DR. B.S. CHAUHAN, J.]
t
persons having any interest therein: A

Provided that where the land, the ownership of which
--1
' has been transferred to the protected tenant under sub-
section ( 1), is in the occupation of a person other than the
protected tenant or holder of the certificate issued under 8
this sub-section, it shall be lawful for the Tahsildar to
restore the possession of the said land to the protected
i tenant or holder of the certificate, after giving notice of
eviction to the occupant thereof, in the prescribed manner.

xxxxxxx c
(5) Notwithstanding anything contained in this section or

- -j
Section 19, the Collector may, suo motu at any time, hold
an enquirywith a view to ascertain the genuineness of the
surrender of the right made by the protected tenant under D
clause (a) of sub-section (1) of Section 19, for the purpose
of effecting the transfer of ownership under this section,
and pass such order in relation thereto as he may think
fit."

"Section 47: (Omitted by A.P. Act No. 12 of 1969) E

(1) Notwithstanding anything contained in any other law for
the time being in force or in any decree or order of a Court,
no permanent alienation and no other transfer of
agricultural land shall be valid unless it has been made F
with the previous sanction of the Collector.

' xxxxxxxx

15. The aforesaid provisions of the Act 1950 have been
the subject matter of consideration by the courts time and again. G
Courts after analyzing the statutory provisions have explained
the scheme of the Act.

A Full Bench of the Andhra Pradesh High Court in Sada
and etc. etc. vs. The Tahsildar, Utnoor, Adilabad District and H
:;,
66 SUPREME COURT REPORTS [2009) 16 (ADDL.) S.C.R.

A Anr., etc. etc., AIR 1988 AP 77 considered the scope of the
provisions of Section 38-E and held that there is no requirement
in the Act 1950 that protected tenant should also be in ,.
possession on the date specified in the notification issued
under Section 38-E(1). However, it should be subject of course,
B to the limitation with regard to the extent of holdings as specified
in Section 38(7) and to the proviso to Section 38-E(1 ). Once,
persons who held the land on the dates or for the periods
mentioned in Sections 35, 37 and 37-A and the requirement of
the physical possession on the dates specified in those
c sections, has been fulfilled, such persons have become
protected tenants. Once a person becomes a protected tenant,
he earns a qualification to become an owner by force of the
statute. On the issue of surrender of rights, the Full Bench held
that if a tenant had voluntarily surrE!lndered his rights prior to
4.2.1954 (the date of 1954 Amendment), and put the landholder
D
in possession, be it without intervention of the Tahsildar, he ...
could not claim the right of ownership under Section 38-E(1) of
the Act 1950.

The Court further held that surrender of rights must be in
E conformity with the mandatory requirements of the statutory
provision.

16. In Kotaiah & Anr. vs. Property Association of the
Baptist Churches (Pvt.) Ltd., AIR 1989 SC 1753, this Court ,
F considered the provisions of the Act and explained the scheme
as under:

"18. In sum ....................

(i) The protected tenant has a right to become full owner
G of the lands in his possession. He becomes the owner
when the Government issues a notification under Section
38-E .........

(ii) The protected tenant cannot be dispossessed, illegally
by the landlord or anybody else. If so dispossessed, the
H
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 67
.- S VENKATAREDDY (DEAD) THR. LRS. [DR. B.S. CHAUHAN, J.]

. -
t Tahsildar either suo motu or on application must hold a
summary inquiry, and direct that the land be restored to
the protected tenant. That is the mandate of Section 38-E
A

< and the Explanation thereof.

(iii) The landlord by himself cannot dispossess the
8
protected tenant even if the tenancy is terminated in
accordance with the law. The landholder will have to take
"""
--.•
recourse to Sec.32. He must approach the Tahsildar to
~ hold an enquiry and pass such order as he deems fit.
~
(iv) Section 38-D prohibits the landholder from alienating c
the tenanted land to third parties. If the landholder intends
" to sell the land, he must give notice in writing of his
intention to the protected tenant. The first offer must be
given to the protected tenant. It is only when the protected
tenant does not exercise the right to purchase, the D
landholder could sell the land to third parties. The alienation
_, made in contravention of these provisions has no legal
effect."

17. In N. Srinivasa Rao vs. Special Court under the A.P.
E
Land Grabbing (Prohibition) Act & Ors. AIR 2006 SC 3691,
this Court considered the scope of Section 47 of the Act, 1950.
Though the said section has been omitted vide Amendment Act
1969 but as the transfer in the said case had been prior to the
said date of omission, this Court held that if the land is under
tenancy of another person, transfer thereof is not voidable and
F
not capable of being avoided but, the scheme of the Act 1950
reflected that it was a void ab initio transaction.
"""'· 18. In Babu Parasu Kaikadi (dead) by Lrs. vs. Babu
-· (dead) Thru. Lrs., AIR 2004 SC 754, this Court considered a
similar provision which provided for the procedure for surrender
G

under the Bombay Tenancy and Agricultural Lands Act, 1948
and on placing reliance upon its earlier judgments in
Ramchandra Keshav Adke (dead) by Lrs. vs. Govind Joti
Chavare & Ors. AIR 1975 SC 915; Bhagwant Pundalik vs. H
68 SUPREME COURT REPORTS (2009] 16 (ADDL.) S.C.R.

A Kishan Ganpat Bharasaka/ & Ors. AIR 1971 SC 435; and
Abdul Ajij Shaikh Jumma & Anr. vs. Dashrath /ndas Nhavi &
Ors. AIR 1987 SC 1626, came to the conclusion that the
-r

-
,

provisions are mandatory in nature and any departure from the
statutory requirement would make the surrender invalid. The Act
B had been enacted for beneficent purpose and importance of
the provisions for efficacious implementation of the general
scheme of the Act, all unerringly lead to the conclusion that the •
r-

provisions relating to the procedure of surrender of tenancy •
rights were intended to be mandatory and any deviation thereof ,.
would be fatal. Disobedience of even one of the said mandates
c would render the surrender invalid and ineffectual and the 5µ
consequence of the violation of the mandatory provisions would
be that the surrender would be rendered non-est for the
purpose of the Act.
D 19. In view of the above, it is evident that the scheme of
1 ...
the Act provides that a person who is a protected tenant has a
right to get the ownership in accordance with the statutory
provisions, provided the total area of the land owned by the ,-
landholder including the land under the cultivation of his tenants
E is more than three times the area of a family holding for the local
area concerned. The person should be in lawful possession of
the land on the date of commencement of Act 1950 to claim
benefits under the Act. The Government has to make a
declaration by publishing the notification in the Gazette in
F respect of any area and from such date as may be specified
therein, that the ownership of all lands held by protected tenants
which they are entitled to purchase from their land-holders in
,;.-
such area under the Act, subject to the conditions laid down
under section 38(7) of the Act would stand transferred to and ..
,,,,

G vest in the protected tenants holding them as such and from
such date the protected tenants shall be deemed to be the full
owners of such lands. The certificate issued under section 38-
E(2) shall be conclusive evidence of the protected tenant having
become the owner of the land with effect from the date of the
certificate, as against the landholder and all other persons
H
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 69
S. VENKATAREDDY (DEAD) THR. LRS. [DR. S.S. CHAUHAN, J.]

having any interest therein. In case the protected tenant is not A
in possession of the land, he has a right of restoration of the
possession of the said land through the Tahsildar. The protected
tenant cannot be dispossessed illegally by the landlord or
anybody else. If so, dispossessed, he has a right to restoration
of the possession. He can be dispossessed only by taking B
recourse to the procedure prescribed under section 32 of the
Act, 1950. There is a complete embargo on the right of the
landholder to alienate the tenanted land to third party without
giving an option to the tenant to purchase the land. Section 47
of the Act, 1950 (omitted by amendment of 1969) provided that c
any transfer of such land except, to the protected tenant shall
be void ab initio. The protected tenant may surrender his rights
by strict adherence to the statutory requirements under the Act,
1950. In case there is any deviation of any such requirement, it
would render the surrender ineffective and inconsequential. D

20. It is a settled legal proposition that challenge to
consequential order without challenging the basic order/statutory
provision on the basis of which the order has been passed
cannot be entertained. Therefore, it is a legal obligation on the
part of the party to challenge the basic order and only if the E
. same is found to be wrong, consequential order may be
examined (vide P. Chithranja Menon & Ors. v. A. Balakrishnan
& Ors., AIR 1977 SC 1720; H. V. Pardasani etc. v. Union of
Jndia & Ors., AIR 1985 SC 781; and Government of
Maharashtra & Ors. v. Deokar's Distillery, AIR 2003 SC 1216). F

21. lndisputedly, the grant of a right or a permit/licence
under any statutory provision requires determination of rights
and entitlement of the parties. Once such a right is determined,
the issuance of the order on the basis of such determination G
remains a ministerial act. In Kundur Rudrappa v. The Mysore
Revenue Appellate Tribunal & Ors, AIR 1975 SC 1805, this
Court examined the provisions of the Motor Vehicles Act, 1939
wherein, Section 64 provided for an appeal against the grant
or refusal of the grant of a permit on a route. In the said case, H
70 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.

A the appeal was filed only against the order of issuance. This
Court held that such an appeal was not maintainable for the
reason that issuance of permit was only a ministerial act,
necessarily following the grant of the said permit and as no
appeal was maintainable against the order of issuance. The
8 order of the Tribunal was a nullity for want of competence. The
Court further held that in such an eventuality, the permit granted
to the other party could not have been cancelled and directed
for issuance of the permit. Same view has been reiterated by
this Court in Sharif Ahmad & Ors. v. The Regional Transport
C Authority, Meerut & Ors., AIR 1978 SC 209. In A.P.S.R. T.C.,
etc. etc. v. State Transport Appellate Tribunal & Ors., AIR 1998
SC 2621, this Court observed that actual issue of permit cannot
be equated to the grant thereof, as both are separate things
and issuance will be consequential to the grant of the permit.
In fact, it is the grant and not issuance of the permit, which
D requires to be challenged.

22. The Act 1950, being the beneficial legislation requires
interpretation to advance social and economic justice and
enforce the constitutional directives and not to deprive a person
E of his right to property. The statutory provisions should not be
construed in favour of such deprivation. lnterpretafton of a
beneficial legislation with a narrow pedantic approach is not
justified. In case, there is any doubt, the court should interpret
a beneficial legislation in favour of the beneficiaries and not
F otherwise as it would be against the legislative intent. For the
purpose of interpretation of statute, the Act is to be read in its
entirety. The purport and object of the Act must be given its full
effect by applying the principles of purposive construction. The
Court must be strong against any construction wh:::, tends to
G reduce a statute's utility. The provisions of the statute must be
construed so as to make it effective and operat;ve and to further
the ends of justice and not to frustrate the same. The court has
the duty to construe the statute to promote the object of the
statute and serve the purpose for which it has been enacted
H and should not efface its very pt..rpose. (vide S.P. Jain v.
EDUKANTI KISTAMMA(DEAD)THR. LRS. v. 71
S. VENKATAREDDY (DEAD)THR. LRS. [DR. B.S. CHAUHAN, J.]
t
Krishna Mohan Gupta & Ors., AIR 1987 SC 222; Reserve A
Bank of India v. Peerless General Finance and Investment
Co. Ltd. & Ors., AIR 1987 SC 1023; Secretary, Haryana State
Electricity Board v. Suresh & Other etc. etc., AIR 1999 SC
1160; Gayatri Devi Pansari v. State of Orissa & Ors., AIR 2000
SC 1531 ; High Court of Gujarat & Ors. v. Gujarat Kishan B
Mazdoor Panchayat & Ors., AIR 2003 SC 1201; Indian
Handicrafts Emporium v. Union of India, AIR 2003 SC 3240;
Ashok Leyland Ltd. v. State of T.N., (2004) 3 SCC 1; Ameer
Trading Corpn. Ltd. v. Shapoolji Data Processing Ltd., AIR
2004 SC 355; Deepa/ Girishbhai Soni & Ors. v. United c
Insurance Co. Ltd., Baroda, AIR 2004 SC 2107; Maruti Udyog
Ltd. v. Ram/a/ & Ors., AIR 2005 SC 851; Oriental Insurance
Co. Ltd. v. Brij Mohan & Ors., AIR 2007 SC 1971; and
Karnataka State Financial Corporation v. N. Narasimahaiah
& Ors., AIR 2008 SC 1797).
D
·-1 23. The instant case requires to be examined in the light
of the aforesaid settled legal propositions.

24. In the instant case, the pleadings are not sufficient to
reach any conclusion on the issue of grant and issuance of the E
certificate. It has not been mentioned anywhere that, certificate
as required under Section 38-E(2) of the Act 1950 had earlier
been granted and the dispute was raised by the respondents
~
only at the stage of its issuance.

25. The admitted facts remain that the predecessor-
F
protected tenant of appellant no. 1 was a tenant to the extent
of half share in survey Nos. 50, 61 & 74 measuring 6 acres and
3 guntas; predecessor-protected tenant of, appellant no.2 was
tenant to the extent of 1/3rd share in survey nos. 51, 52, 53 &
54 measuring 2 acres and 37 guntas. Similarly, predecessor- G
protected-tenant of appellant no. 3 was tenant to the extent of
1/3rd share in survey nos. 51, 52, 53 and 54 measuring 2 acres
and 37 guntas. Predecessor-in-interest of the appellants, being
protected tenants had been issued the ownership certificates
on 31st May, 1975. The issuance of the said certificates was H
72 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.

A objected by the respondents on the ground that predecessor-
in-interest of the appellant no. 2 had already surrendered his
tenancy rights to the land holder Smt. Ayesha Begum in the year
1958 and the respondents were in possession of the land by
virtue of the decree of the Civil Court dated 24.4.1963 in favour
B of their father, as Smt. Ayesha Begum, original land holder did
not execute the sale deed in pursuance to the agreement to
sell.

26. The judgment and order of the Civil Court dated
24.4.1963 in O.S. No.5/1963 was for declaration and assertion
c of the name in the Record of Rights by the father of the
respondents. In the trial Court, the pleadings were only to the
effect that the father of the respondents/plaintiff was in
possession of the suit lands since June, 1950 and the
defendant was the Pattedar who had transferred all her rights
D of interest in the suit lands. The said defendant had agreed that
she would submit application for mutation of Khata but, she did ),..

not submit any application in the Revenue department. The
judgment further reveals that the defendant did not appear in
spite of notice and the suit was determined ex-parte. After
E making reference to the issues framed in the suit, the entire
judgment and order runs as under:

"The plaintiff in support of his case examined two
witnesses Era reddy and one Jangaiah. Erareddy (PW-1)
F deposed that the plaintiff is cultivating the suit land for the
last 15 years and the defendant during the said period
never cultivated the suit lands. Jangaiah (PW-2) wh;:i has
got his land near the suit lands too admits <'l':out the
plaintiffs possession over the suit land for the 1ast 15 years.
Hence, the issues 1 to 3 are decided in favour of the
G plaintiff.

In the result, the plaintiff's suit is decreed. The
plaintiffs name be inserted in record of rights as owner
and passenger for the suit lands in place of the defendant's r
:t
H name. No order regarding costs."
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 73
S. VENKATAREDDY (DEAD) THR. LRS. [DR. B.S. CHAUHAN, J.]
27. The aforesaid judgment reveals that the trial Court had A
passed the decree without making reference to the pleadings;
neither the pleadings in the suit nor the judgment reveals as
under what circumstances the claim for ownership had been
made by tbe father of the respondents. There is nothing in the
- judgment of the Civil Court as on what basis and in which year B
the father of the respondents got possession of the land in
dispute. It does not reveal the existence of any sale deed or
agreement to sell. It has not been mentioned as to whether any
amount of money as a part of consideration had ever been paid
to the land holder Smt. Ayesha Begum. Original Suit No. 5 of c
1963 had been decreed on 24.4.1963 ex-parte, within 3-4
months from its institution. It is neither desirable nor permissible
in law to make any comment on its merits, so far as the said
judgment and decree are concerned. However, the manner in
which the suit had been decreed is far from satisfaction. D
28. The RDO vide order dated 31.5.1975 rejected the
claim of the respondents in respect of alleged surrender of
tenancy rights holding, that the alleged surrender by the
predecessor-in-interest of the appellant no. 2 was not in
conformity with the statutory provisions contained in Section 19 E
of the Act 1950.

29. Being aggrieved, the respondents preferred the appeal
and the Appellate Authority vide judgment and order dated
~ 22.9.1981 dismissed the appeal qua the predecessor-in- F
interest of the appellant nos. 1&3 and remanded the matter for
inquiry as to whether the affidavit of surrender filed by the
predecessor-in-interest of the appellant no. 2 was in conformity
with the provisions of Act 1950.
30. Appellant Nos.1&3 filed applications before the G
Statutory Authority seeking restoration of possession which was
1 challenged by the respondents by filing the writ petition no. 5381
of 2000. The High Court dismissed the writ petition vide
judgment and order dated 28.4.2000 holding that the claim of
the respondents, that they had purchased the suit property for H
74 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.

A a valuable consideration in the year 1955 was not acceptable
and the certificate issued in favour of the predecessor-in-
interest of the said appellant nos. 1 & 3 under Section 38-E(2)
had attained finality. Predecessor-in-interest of the appellant no.

B
2 was not the party in the said writ petition. The Court dismissed
the petition observing as under:

"It is not the case of the petitioner that the 4th and 5th
-
respondents also filed affidavits before the second
respondent earlier. The third respondent in his proceedings
dated 22.9.1981 remanded the matter to the second
c respondent only to the extent of enquiring into the affidavits
filed by some of the Protected Tenant but not of the 4th and
5th respondents herein as they have not filed any affidavits
earlier. Once that order has become final, granting of
certificate under Section 38-E of the Act in their favour
D has also become final. Hence, they are entitled to file
application under Section 32 of the Act and, therefore,
the relief sought for in this writ petition cannot be granted.
In that view of the matter, entertaining the applications filed
by the 4th and 5th respondents herein for recovery and
E restoration of possession by the first respondent cannot
be said to be arbitrary and illegal." (emphasis added)

31. This judgment and order of the High Court also attained
finality as it was not challenged by the respondents any further.
F Thus, in our view, the question of reconsideration of the validity •
of the tenancy certificate under Section 38-E (2) so far as the
appellant nos. 1& 3 are concerned, could not arise in any
subsequent proceedings whatsoevei. More so, the entitlement
of the said appellant nos. 1&3 to claim restoration of
possession also cannot be reopened/questioned, as their
G
entitlement to that effect had attained finality as the judgment
and order of the High Court dated 28.4.2000, wherein, their right
to claim restoration of possession had been upheld, was not
challenged by the respondents any further.
H 32. On remand, the RDO vide judgment and order dated
EDUKANTI KISTAMMA(DEAD)THR. LRS. v. 75
S. VENKATAREDDY (DEAD) THR. LRS. [DR. B.S. CHAUHAN, J.]

' to claim restoration of possession had been upheld, was not A
challenged by the respondents any further.

32. On rem1md, the RDO vide judgment and order dated
10.5.2000 considered the case only so far as the alleged
surrender by predecessor-in- interest of appellant no. 2 was 8
concerned. The RDO, after assessing the merit of the case and
examining the entire documents on record came to the
conclusion that in case the predecessor-in-interest of the
>I
appellant no. 2 had surrendered the tenancy rights in the year
1954, the question of entry in the revenue record in his favour C
could not arise. The allegation that the respondents' father had
puichased the lands in the year 1962 could not be valid by any
means as it was not in conformity with the provisions of Sections
47 & 48 of the Act 1950. In such a fact situation, the sale deed,
if any, was void ab initio. More so, the judgment and decree
of the Civil Court dated 24.4.1963 in OS No. 5 of 1963 was D
-i, not binding upon the appellants as none of them had been
impleaded as a party in the suit. More so, the entitlement of
the appellants nos.1 and 3 had already been examined by the
Appellate Authority in its judgment and order dated 22.9.1981
which had attained finality. Thus, the issue qua the said E
appellants could not be reopened. So far as the alleged
surrender by the predecessor-in-interest of the appellant no. 2
was concerned, it was held to be not in conformity with the
!: statutory requirement. The Appellate Authority observed as
under: F

"The signature of Parmaiah on the affidavit is not
disputea. However, the due procedure for surrender has
not been followed. Since Sri Parmaiah and his brother
Yadaiah are disputing the surrender of their P.T. Rights, G
they may approach the Mandal Revenue Officer,
Serilingampally Mandal for taking possession of t11e land
as per the procedure laid down in the Act/Rules."
(emphasis added)
H
76 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.

A 33. The Appellate Authority dismissed the appeal against
the said judgment and order of the RDO vide judgment and
order dated 3.3.2001 affirming the findings of fact recorded by
RDO that alleged certificate was not in consonance with the
procedure prescribed under Section 19 of the Act 1950 and
B directed the Mandal Revenue Officer to dispose of appellants'
'
application seeking restoration.

34. In view of the above factual matrix, we are of the
considered opinion that it was not permissible for the High Court
to reopen the issue either of grant or issuance of tenancy
c certificate under Section 38-E (2) or deal with the issue of
restoration of possession so far as the appellant nos. 1& 3 are
concerned. At the most, the High Court could proceed in the
case of the appellant no. 2.

D 35. Admittedly, Smt. Ayesha Begum, the original land
holder, had 127 acres of land. The claim of the appellants was
~
valid and maintainable in view of the provisions of 37-A of Act
1950. The High Court was not justified in observing that as the r

issue of restoration of possession remained pending before the
E authority for about nineteen years, the respondents were
justified in getting adjudication of their rights regarding issuance
of certificate as it had not reached the finality. Mere pendency
of proceedings before the Court/Tribunal cannot defeat the
rights of a party, which had already been determined. The High
F court ought to have appreciated that proceedings were only in
respect of execution of the orders, which had already been
passed. Thus, proceedings were for the consequential relief.
The issue of restoration of possession is to be decjded under
Section 32 of the Act, 1950. Question of application of the
provisions of Section 35, ought to have been raised in the first
G
round of litigation. Such an issue is required to be agitated at
the very initial stage of the proceedings and not in execution
proceedings. The said issue in respect of appellant nos. 1&3 ~

had already attained finality. More so, if in the Tenancy
Registers of the relevant years, the names of the predecessors
H of appellants were recorded as tenants, the High Court could
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 77
S. VENKATAREDDY (DEAD) THR. LRS. [DR. 8.S. CHAUHAN, J.]

' not have opened the issues of factual controversies at all. A

36. The judgment and order of the High Court dated
28.4.2000 passed in Writ Petition No.5381/2000 makes it clear
that in the said writ petition also, the issue of entitlement of the
appellants for restoration of possession had been dealt with
B
and a specific finding had been recorded on that count. The
Court has obseNed as under:

"It is not the case of the petitioner that the 4th and 5th
respondents also filed affidavits before the second
respondent earlier. The third respondent in his proceedings c
dated 22.9.1981 remanded the matter to the second
respondent only to the extent of enquiring into the affidavits
filed by some of the protected tenants but not of the 4th
and 5th respondents herein as they have\not filed any
affidavits earlier. Once that order has become final, D
.. granting of certificate under Section 38-E of the Act in their
favour has also become final. Hence, they are entitled to
file application under Section 32 of the Act and, therefore,
the relief sought for in this writ petition cannot be granted.
In that view of the matter, entertaining the applications filed E
by the 4th and 5th respondents for recovery and restoration
of possession by the first respondent cannot be said to be
arbitrary and illegal."

37. In view of the above, it was not permissible for the High
" Court to re-open the issue in respect of all the appellants as to F
whether they were entitled for making the applications for
restoration of possession. There can be no doubt that once a
protected tenant gets a certificate of ownership under Section
38-E(2) of the Act 1950, he has a right to apply for restoration
of possession to him if he has been dispossessed. The G
protected tenant has a right to ask for summary eviction of
trespasser.

38. The High Court ought to have taken into consideration
as under what circumstances the respondents had been H
78 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R.

A claiming their right to object to the grant of certificates to the
appellants and, as to whether the alleged sale deed which had
never been produced in any Court, and which was admittedly
in contravention of Section 47 of the Act, could give any cause
of action to the respondents as, the transaction itself remains
B inconsequential and ineffective rather, void ab initio. The
respondents also could not explain as since what date or year
they had been in possession of the land in dispute. Before the
RDO, the case of the respondents was that they had been in
possession of suit land in pursuance of decree of Civil Court
c dated 24.4.1963 passed in OS No.5/1963. The Order of the
RDO reveals that the respondents had claimed before him that
they were in possession of the suit land since 1st June, 1950.
The High Court in its judgment in paragraph 4 has taken note
of the pleadings taken by the respondents that they had
purchased the suit land from original pattedar Smt. Ayesha
0
Begum in the year 1954. However, it is not staied therein, that
they had been put in possesc::ion of said land. In paragraph 5
of impugned judgment, the High Court has further taken note
of the pleadings taken by respondents that Smt. Ayesha
Begum, the original land holder offered to sell the entire land
E to the father of the respondents in the year 1962 and it was so
purchased by him for valuable consideration. From the order
dated 22.9.1981 of Appellate Authority, it is evident that the
pleadings before Appellate Authority had been that the
respondents were in continuous possession of suit land
F measuring 17 acres and 20 guntas since last 50 years. The
pleadings taken by predecessor-in-interest of the respondents
in earlier writ petition no.5381/2000 decided on 28.4.2000 had
been that they purchased the said land in the year 1955, for
valuable consideration. While deciding the case after remand,
G the RDO in its judgment and order dated 10.5.2000 has taken
note of the pleadings taken by respondents that the father of
the respondents purchased the said land from Smt. Ayesha
Begum in the year 1965. Thus, from the above, it is evident that
respondents even today are not aware 2s to what is their case
H exactly and on what basis they claim the relief. The copy of
EDUKANTI KISTAMMA (DEAD) THR. LRS. v. 79
S. VENKATAREDDY (DEAD) THR. LRS. [DR. 8.S. CHAUHAN, J.]

' alleged sale deed or agreement to sell has never been A
produced before any Court or Authority. It becomes well nigh,
impossible to determine as to whether the predecessor-in-
interest of the respondents ever purchased the suit property
and even if it was so, admittedly, the transaction was void being
in contravention of Section 47 of the Act 1950. More so, at the B
time of argument it was pointed out that respondents have
entered into compromise with appellant no.3 in the year 2003
and a rectification deed had been prepared. This is an
indication that no valid title had ever passed in favour of
respondents, otherwise there was no occasion for them to enter c
into a compromise with appellant no.3.

In such a fact-situation the court is under an obligation to
do substantial justice even if there are some technical points
involved in the case. The Act 1950, being beneficial legislation
is to be construed liberally and rights of the tenants are required D
to be protected.

39. In view of the above, the appeal stands allowed and
the judgment and order of the High Court is set aside. No costs.
E
I.A. Nos.4/2007 and 8/2009

40. Both the applications for substitution of legal
representatives/lateral descendants of deceased appellant
y No.1-Edukanti Kistamma; and deceased Lr.No.iv of deceased
appellant no.2 are allowed.

K.K.T. Appeal allowed.