AIR 1988 ANDHRA PRADESH 77 ::(1987) 2 LS 253 ::(1987) 2 APLJ 397 ::(1987) 2 Andh LT 749

Andhra Pradesh High Court

Hon'ble Judge(s): K. Bhaskaran , C.J. AND M. Jagannadha Rao, S. S. M. Quadri , JJ

(A) Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act (21 of 1950) , S.38E(2)— "Protected tenant" not in possession of @page-AP78land on date of notification under S.38-E - Ownership certificate can still be granted to him.(1979) 1 Andh WR (HC) 23, Overruled. It is clear from S.38-E that it is for these "Protected tenants" who are finally declared to be "protected tenants" and included in the Register prepared for that purpose and for whom protected tenancy certificates have been issued, that ownership rights are envisaged in S.38-E(1), subject of courser to the limitation with regard to extent of holdings as specified in S.38(7) and to the proviso to S.38-E(1). Once persons who held land on the dates or for the periods mentioned in Ss.35, 37 and 37-A and the requirement of physical possession on the dates required in those sections is satisfied, such persons have become "protected tenants". Once a person becomes a protected tenant, he earns a qualification to become an owner by force of statute, subject of course to the qualification regarding extent in S.38(7) and to the proviso to S.38-E(1). There is no requirement in the Act that he should also be in possession on the date specified in the notification issued in S.38E(1). The words "all lands held by protected tenants" is more a description of the lands with regard to whic....