KALYAN
A
v.
GORAKH
DECEMBER 13, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.]
B
Hyderabad Tenancy and Agricultural Land Act, 1950 :
Ss.2(c), 2(r) & 34-Agricultural land-f'urcliased from erstwhile
landlord-Protected tenant-Claim over land sold by landlord-Purchaser in
possession-Held, purchaser to deposit Rs. 10,000-Every year till disposal of C
suit-ln the event of tenant succeeding, he would be emitted to wiOidraw the
an1ount.
In a revision petition arising out of a suit between the appellant, the
purchaser of the land in dispute from the erstwhile landlord, and the D
respondent, a protected tenant under the Hyderabad Tenancy and Agricul-
tural Land Act, 1950, the High Court directed appointment of a receiver
in respect of the suit land. Aggrieved, the purchaser filed the appeal.
Disposing of the appeal, this Court
HELD : In view of the finding of the High Court that the appellant
is in possession of the land, it would be in the interest of justice that
appellant continues in possession but deposits a sum of Rs. 10,000 every
year from 1991 onwards till the disposal of the suit. In the event of the
respondent succeeding in the suit, he would be entitled to withdraw the
E
amount with interest accrued thereon. [660-C-D]
F
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12055 of
1995.
From the Judgment and Order dated 11.3.93 of the Bombay High
Court in C.R.P. No. 'lJ',7 of 1993.
G
Subrat Birla and S.C. Birla for the Appellants.
B.Y. Kulkarni for the Respondent.
The following Order of the Court was delivered :
659
H
. 660
SUPREME COURT REPORTS (1995] SUPP. 6 S.C.R.
A
Leave granted.
Having heard the counsel on both sides, we are satisfied that there
is no need to disturb the findings recorded by the High Court. However,
the High Court having found the appellant in possession of the land after
he had purchased the property from the erstwhile landlord of the respon-
B dent, a protected tenant under the provisions of the Hyderabad Tenancy
And Agricultural Land Act, 1950; and so, needed some protection, it
directed appointment of receiver. In view of the finding that the appellant
is in possession, we feel that in the interest of justice, the appellant would
continue in possession but should deposit a sum of Rs. 10,000 every year
C
from the year 1991 onwards to the credit of the suit and keep depositing
the same till the disposal of the suit etc. In the event of the respondent
succeeding in the suit, he is entitled to withdraw the same. As soon as the
appellant shall deposit the arrears as on date within a period of three
months from today and before 31st January of each year, the trial court is
directed to keep that amount in interest yielding deposit securities in a
D nationalised Bank. In the event of the respondent's succeeding, he would
be entitled to withdraw the amount with interest accrued thereon. The trial
court is directed to dispose of the matter as expeditiously as possible
preferably within a period of six months from the date of the receipt of this
order.
E
The appeal is accordingly disposed of in terms of the above order.
No costs.
R.P.
Appeal disposed of.
Lex