1996 A I H C 4866 ::(1996) 3 AndhLD 351 ::(1996) 3 Andh LT 531

Andhra Pradesh High Court

Hon'ble Judge(s): Lingaraja Rath, D. Reddeppa Reddi , JJ

(A) Andhra Pradesh (Telangana Area) Abolition of Inams Act (7 of 1955) , S.2(3), S.5— 'Deemed tenants' - Kabiz-e-Kadim whether is - Kabiz-e-Kadim holds land not on lease but as person other than Inamdar - He pays revenue and not rent to Inamdar - Kabiz-e-Kadim is not a deemed tenant. The term kabiz-e-kadim literally means old occupier. The very definition shows such a person to be the holder of the inam, other than the Inamdar, and to have been in possession of the land at the time of the grant of the inam, or a person who was in continuous possession of such land for not less than 12 years before the time of vesting and who pays the inamdar nothing except the land revenue. The emphasis in the definition is an holding the land, or possessing the land for more than 12 years before vesting of the land, which would show that what is contemplated is an independent assertion of the right to hold the lands vis-a-vis the Inamdar. The fact that Kabiz-e-Kadim does not pay rent to the Inamdar but pays only the land revenue which is actually payable to the Government goes to show the status of his occupation as being the real holder of the Land though the Inamdar is shown as he ostensible owner. Deemed tenancies are provided in Section 5 of the Act saying that a person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land....