Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Andhra Pradesh (A.A.) Tenancy Act, 1956

Monday, March 22, 2010
Andhra Pradesh (A.A.) Tenancy Act, 1956

Andhra Pradesh (A.A.) Tenancy Act, 1956 — Section 13 — Eviction proceedings against the applellants for non-payment of rent — Challenged by the appellants on the ground that in an earlier proceeding between respondent and appellants for declaration and possession of the concerned property,  the High Court had held that the appellants have perfected the title in respect of tenancy rights by adverse possession and the suit was filed beyond the period of limitation — Appellants further contended that respondent have lost the right to recover the land from them on the ground that earlier judgment of the High Court had become final and would operate as res judicata against the respondent as no appeal was preferred against the said judgment — Held, the decision of the High Court in an earlier proceeding would not bar any proceedings under the Tenancy Act as the issue decided by the court in that instance was merely the tenancy title in favour of the appellants, while the present case is eviction of tenants under Section 13 of the Act — Further held, proceedings are not barred by res judicata — Appeal dismissed.

Andhra Pradesh (A.A.) Tenancy Act, 1956

Andhra Pradesh (A.A.) Tenancy Act, 1956 — Section 13 — Eviction — Jurisdiction of the High Court — Held, the jurisdiction of the High Court is ousted only to a limited extent, i.e. with respect to the eviction of the tenants and possession of the property, as the procedure for that is provided under the Act — But the Court continues to have jurisdiction with respect to the determination of the title of the property.

Andhra Pradesh (A.A.) Tenancy Act, 1956

Andhra Pradesh (A.A.) Tenancy Act, 1956 — Section 2(c) and Section 2(f) — Whether a permanent lease gives rise to a tenant-landlord relationship within the meaning of the Act? — Held, yes.

Andhra Pradesh (A.A.) Tenancy Act, 1956

Andhra Pradesh (A.A.) Tenancy Act, 1956 — Section 2(f) — “Landlord” — Held, a person shall qualify to be a landlord under the meaning of the Act if he is entitled to evict the tenant — Such entitlement can arise either directly due to the agreement entered into (i.e. by providing the time period of tenancy) or by providing the conditions or terms of tenancy violating which the tenant may be evicted under Section 13.

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