AIR 2007 SUPREME COURT 1145 ::2007 AIR SCW 1150 ::2007 (11) SCC 410 ::(2007) 2 Scale 274 ::2007 (1) Andh LD 101 ::2007 (2) CurCC 117 ::2007 (2) Supreme 830 ::(2007) 52 AllIndCas 137 (SC) ::2007 (52) AllIndCas 137 ::2007 (3) AndhLT 50

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): Arijit Pasayat, S. H. Kapadia , JJ

Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act (21 of 1950) , S.37A, S.38E— Protected tenant - Grant of ownership certificate - Permissible only if he holds land as protected tenant on 1-1-73. The benefit of S. 38-E is given to person who hold the lands as protected tenants and who continue to hold the lands as protected tenants on 1-1-1973. The protected tenancy has to be enforced on 1-1-1973. Under S. 38-E, ownership rights are conferred only upon persons who continue to be protected tenants as on 1-1-1973. They form a special class. This class of persons is different from the category of protected tenants who fall under Ss. 34 and 37 respectively. S. 37-A refers to persons who are holders of the land at the commencement of Amending Act of 1955 (12-3-1956). These persons were required to be tenants on 12-3-1956 and that they should continue to be tenants till 1-1-1973. Only such category of persons are entitled to Ownership Certificate under S. 38-E. C.R.P. No. 2229 of 2000, D/- 16-4-2001 (AP), Affirmed.(Para 14) It is evident from S. 38-E that the said section has been enacted for those protected tenants who are declared to be protected tenants and included in the Register prepared for that purpose. A person becomes a protected tenant when he is a holder on the dates or for t....