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S.9 deals with the payment of compensation and provides that the amount of compensation payable under an award shall,subject to any rules made under that Act,be paid by a competent authority to the person or persons entitled thereto in such manner and within such time as may be specified in the award | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Suspecting that the entry in the Protected Tenancy Register might not be genuine,on or about 24th of October,1970 the Tahsildar passed an order cancelling that entry | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The main question centres around the right of Abdul Khader,respondent No.1 herein to the compensation awarded by the arbitrator,it is therefore,necessary to refer to the relevant portion of the said order which inter alia,stated as follows: "By perusal of the Tenancy Register of 1958 it is evident that Sri Mohd | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Abdul Khader is not a genuine protected tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The entries of this particular so called tenant is doubtful | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I suspect that somebody has tampered the register and entered the name of Sri Mohd | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Abdul Khader | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Separate enquiry in this connection is going on in this office to know under what circumstances such entry has been made and copy also issued without knowledge of the Tahsildar | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hence I suspect the entry and order to cancel the copy of the tenancy issued in favour of Sri Modh | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sd- Tahsildar | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hyderabad West Taluk | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This order of cancellation was challenged by Abdul Khadar by filing a writ petition in the High Court of Andhra Pradesh being W .P.No.1786 of 197 1 and by judgment and order passed on 27th August,197 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1,the learned single Judge,Vaidya,J.held,inter alia,as follows: "Whether the petitioner (Abdul Khader) is a protected tenant or whether he has any prima facie interest in the suit property are matters entirely within the sole jurisdiction of the arbitrator who has to be appointed under S.8 of the 'Central Act | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the appeal of Abdul Khader the proceedings of Revenue Divisional Officer while questioning entry of the name of Abdul Khader in the Register is a genuine one or net and while it is stated that it was entered in the Register in such suspicious way by giving Serial No.1/A between Serial Nos.1 and 2 of Register being Exhibit A.106 and Exhibit A.107,it ultimately held that Abdul Khader was a protected tenant under section 37A of the Andhra Pradesh Act | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On or about 19th of April,1972 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the order was passed by the District Revenue Officer who held that Abdul Khader was not a protected tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He held further that Khasra Pahani which is the basic record of occupancy period after spot inspections does not find the name of Abdul Khader and further held that all entries except this entry in the Protected Tenancy Register prepared under section 37A of the Andhra Pradesh Act was supported by an enquiry | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was in those circumstances held by him that the entry was a spurious one | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Civil Revision Petition No.1006 of 1972 which was filed by Abdul Khader as against others,Justice R.Ramachandra Raju of the Andhra Pradesh High Court on or about 19th August,1974 held that Abdul Khader was not a protected tenant and directed deletion of entry made in the Final Record of tenancies as a spurious one | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned Judge observed,inter alia,as follows: "I am told by the counsel for both the parties that the lands in question were already acquired for military purpose under the Requisition and Acquisition of Immovable property Act,1952 and that Sri M.S.Sharma,the Additional Chief Judge,City Civil Court,Hyderabad has already been appointed as Arbitrator under the Act for determining the compensation and the persons entitled to it | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Not only that,in the writ petition filed by the present petitioner in this Court,it was held that it is not necessary to go into the question whether the petitioner is a protected tenant or whether he has any prima facie interest in the property because they are the matters entirely within the sole jurisdiction of the arbitrator who has to be appointed under S.8 of the Act | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Now,as the arbitrator has already been appointed,he will go into the matter as to whether the petitioner was a protected tenant of the lands or not and if he was the protected tenant to what share in the compensation amount he would be entitled to | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Under these circumstances,the C.R.P.is dismissed with a direction that the entry made in the Final Record of Tenancies that the petitioner was the protected tenant,for the lands in question which is spurious as found by both the Revenue Divisional Officer and the District Revenue Officer should be deleted | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The matter was brought to this Court by a special leave application and this Court in Special Leave Petition (Civil | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No.10 of 1975 on or about 30th January.1975 held that since the question whether the petitioner in that case namely,Abdul Khader was a protected tenant had been left open by the High Court to be decided by the Arbitrator u/s.8 of the Central Act,special leave petition was rejected with those observations | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereafter there was an order appointing arbitrator on 29th of March,1975 | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
u/s.8(1)(b) of the Central Act | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Claim petition was filed by the appellant before the arbitrator' Claim petition was also filed by Abdul Khader claiming 60'% of compensation as a 'protected tenant | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There was an award by the arbitrator holding that as this Court had left it open to decide whether Abdul Khader was a protected tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Despite the objection exercising the jurisdiction of the Arbitrator to go into the question of protected tenant,the arbitrator held that Abdul Khader was a protected tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Aggrieved by the aforesaid award,the appellant claiming as one of the owners of the property filed a statutory appeal to the High Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the meantime Abdul Khader filed an application on or about 21st of October,1984 for adducing additional evidence to mark Kaulnama dated 2nd of December,1950 for the first time and Oubuliatnama dated 2nd December,1950 as exhibits in deciding the protected tenancy rights | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant objected to that application but the High Court on 1st April,1985 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
appointed Advocate Commissioner to record additional evidence | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On or about 22nd of April,1985 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the appellant filed the objection reserving the right of raising the jurisdiction of the Arbitrator to go into the question whether Abdul Khader was a protected tenant in the light of the Act 21 of 1950.Three civil appeals were filed before this Court against the order of the High Court on 15th May,1985.This Court passed the order,on 19th August,1985.The said order is important and reads as follows:- "Special leave are granted | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal is heard | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chitale learned counsel for the appellants submitted that the High Court should be directed to consider the issues relating to the jurisdiction of the arbitrator appointed and functioning under the Requisitioning and Acquisition of Immovable Property Act,195 i to decide whether a person is protected tenant of an agricultural land or not in the light of Ss.99 and 102 of the Andhra Pradesh (Telangana Area | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Tenancy and Agricultural Land Act,1950.We have heard the learned counsel for the respondents on the above question | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After giving our due consideration to the question we are of the view that the High Court should determine this question | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court shall decide the question of jurisdiction referred to above in light of the submissions to be made by both the parties | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shri Subba Rao,learned counsel for the respondents submits that the appellants should not be permitted to withdraw from the authorities concerned more than 40 per cent of the total compensation awarded in respect of the lands in question pending disposal of the appeal before the High Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We agree with his submission | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We direct that the appellants shall withdraw not more than 40 per cent of the compensation pending disposal of the appeal before the High Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The remaining 60 per cent shall be disbursed in accordance with the directions to be given by the High Court after hearing all the parties concerned | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeals were disposed of accordingly | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Other C.M.Ps.were filed for clarification of the second part of the order dated 19th August,1985 and this Court on 29th November,1985 in CMPs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Nos.4692 to 4694 of 1985 clarified and ob-served that there was no need for further clarification | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was observed that the High Court was at liberty to consider the claims to be made by both the parties and pass any fresh order with regard to the disbursement of the remaining 60% of the compensation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The judgment under appeal was passed on 15th of April,1986.This appeal arises out of the said judgment | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the judgment under appeal which is directed against the award made by the arbitrator formulated the following four issues--(1) what is the value of the land; (2) who are entitled to the compensation amount; (3) whether Abdul Khader is a protected tenant of Sail Gulshan of the area 19-02 guntas excluding the land of buildings,wells,etc.and (4) what share is to be apportioned to successors of Sail Nawaz Jung | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It has to be borne in mind that in the award,the arbitrator after exhaustively discussing the evidence on record held that Abdul Khader was a protected tenant and as such further held that he was entitled to 60% of the compensation money payable for the acquisition of the land excluding the land of buildings,wells etc | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this appeal we are concerned with the question whether the High Court was right in upholding the award of the arbitrator so far as it has held in favour of Abdul Khader and his rights to get 60% of the compensation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court dealt with the value of the land | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are not concerned with the challenge to this aspect in this appeal | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court further modified a portion of the order in view of the decision of this Court in Bhag Singh v | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Union Territory of Chandigarh | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A.I.R.1985 S.C.1576 1985 Indlaw SC 246 on the question of solarium and interest on the amount awarded | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The judgment also dealt with the question as to who were the successors of Nawaz Jung | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are also not concerned with this aspect of the matter inasmuch as the same is the subject matter of another appeal being Civil Appeal No.4406 of 1986 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are concerned in this appeal with the right of Abdul Khader | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court discussed 18 documents out of which two are challans and other depositions | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Kowlnama executed in favour of Shaik Hussain was not filed | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Kowlnama executed in favour of the son,Mohd | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Abdul Khader,on December 3,1950 was filed and was marked as Exhibit C-1.The document recited: "permitted to utilise garden fruits,flowers and mango | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
fruits".The tenant was permitted to raise flower trees at his own expenses | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court took into consideration the judgment in Suit No.13(1) of 195 1-52 by the tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court on consideration of these documents was of the view that these documents showed unequivocally that the tenancy was in favour of Shaik Hussain from 1935.After his death Mohd | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Abdul Khader was recognised as the tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The land was taken possession of under a panchanama dated 12th of September,1963.According to the High Court the documents discussed in the judgment indicated that Shaik Hussain was a tenant from 1935.After his death on July 18,1949,his son Mohd | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Abdul Khader became a tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this background the Court addressed itself to the question whether Abdul Khader was a protected tenant or not entitled to 60% of the compensation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No document was filed to show that Abdul Khader was declared by the revenue courts as a protected tenant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court was of the view that there was surfeit of evidence prior to the commencement of the Andhra Pradesh Act that Shaik Hussain was a tenant of the land | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question was whether on enforcement of the said Act Abdul Khader,respondent herein,was a protected tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court thereafter discussed the facts mentioned hereinbefore about the order of the District Revenue Officer and the orders of this Court referred to hereinbefore | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court noticed the position that under the said Andhra Pradesh Act it was for the revenue authorities to order whether a tenant is a protected tenant under section 34,s.37 'and section 37A of the said Act | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 37A was enacted on 12th of March,1956.The High Court was,however,of the view that it cannot be said that it was for the revenue authorities alone to decide the issue because the arbitrator was ordered to decide the issue by the High Court on 19th August,1974 and by this Court on 30th of January,1975.The High Court also referred to the directions of this Court dated 19th August,1985 mentioned hereinbefore | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court was of the view that the arbitrator was to decide that question and the arbitrator was not in error in deciding the issue in the manner it did | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Court reiterated that there was surfeit of evidence to declare that Abdul Khader was a tenant | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If he was a tenant,the High Court observed.he was a protected tenant under s.34 read with s.37 or under section 37-A of the Andhra Pradesh Act | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court on reciting the facts came to the conclusions,inter alia | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
a) that Abdul Khader because he was a tenant between January,1942 to January,1948 for six years,therefore,was a protected tenant under sub-cl.(ii) of cl.(1) of s.34 of the Andhra Pradesh Act; (b) that Abdul Khader held the land from October,1943 to October,1949,therefore,was a protected tenant of Sail Gulshan under sub-cl.(iii) of cl.(1) of s.34 of Act 21 of 1950.In these circumstances,the High Court held that Adbul Khader was entitled to 60% of the compensation paid | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Aggrieved by the aforesaid decision,the appellants being the successor of the owner of the land in question is in appeal before us | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shri Shanker Ghosh,learned counsel for the appellant,urged that under the said Andhra Pradesh Act it was mandatory under s.99 read with s.102 of the said Act in conjunction with the definition of s.2(r) of the Act for the revenue authorities to decide whether Abdul Khader was a protected tenant or not | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There being no such finding by the revenue officer,on the other hand there being a finding mat Abdul Khader was not a protected tenant by the revenue authorities it was not open to the arbitrator to decide the question of protected tenancy | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The arbitrator therefore,exceeded his jurisdiction and the High Court was in error | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shri A.K.Sen,on behalf of the respondents on the other hand contended that the compensation payable in respect of the requisitioning and acquisition must be determined under the Central Act and the arbitrator was the authority to decide that question | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question of Abdul Khader's right to compensation had to be decided in accordance with law | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He had claimed rights of a protected tenant | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He had sought to establish his rights which must be found within the four corners of the Andhra Pradesh Act along with other documents because u/s.40(4) of the Andhra Pradesh Act the interest of a protected tenant in the land held by him as a protected tenant formed 60%.The rights of the protected tenants have been defined in the Andhra Pradesh Act and relevant provisions of that Act namely,sections 34,37,37A and 40 in conjunction with the definition under s.2(r) have to be taken into consideration in the background of the facts and circumstances of the case | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The two orders of this Court as we have mentioned hereinbefore dated 30th of January,1975 and 19th of August.1985 reiterated the position that it was for the arbitrator to decide the question and he should decide the question in the light of ss.99 and 102 of the Andhra Pradesh Act as set out hereinbefore | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On behalf of the appellant it was submitted that there was a complete bar for any civil court to go into the question whether Abdul Khader was a protected tenant and as such the arbitrator and the High Court had no jurisdiction to decide this question | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For this reliance was placed on S.102 of the Andhra Pradesh Act which lays down that the Act will not apply to lands leased,granted,alienated or acquired in favour of or by the Central Government or the State Government etc.and on -S.99 of the Act which bars the jurisdiction of civil courts to deal with any question which is under the Andhra Pradesh Act required to be settled,to be decided or dealt with by the Tahsildar,Tribunal or Collector | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
According to the appellant inasmuch as whether Abdul Khader was a protected tenant had not to be settled by the Collector or the Tribunal,the arbitrator and the High Court were in error in going to that question | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are unable to accept this submission | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By the scheme of the Central Act compensation was payable to persons who had interest in the land acquired | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Who are the persons who have interest in the land had to be decided in accordance with the law and the evidence | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Determination by the revenue authorities and non-determination is not conclusive or decisive | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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