A and B who do not own any land of their own and A is a tenant of land of a religious trust to an extent of Ac.2-50 cents, B is also a tenant of a religious trust to land to an extent of Ac.2.60 cents. A is a landless poor person and B is not a landless person. The religious trust terminated the tennancy in respect of B and directed him to purchase the said land for better management of the religious trust property. B contends that such direction would affect his livelihood. Decide.
1. Whether the tenancy in respect of A and B is valid? YES
2. Whether the religious trust can terminate the tenancy? YES
3. Whether the cancellation of tenancy is valid?YES
4. Whether the contention of B is valid? NO
Section 16, The Andhra Pradesh ( Andhra Area ) Tenancy Act, 1956, Section 82 of the Andhra Pradesh Charitable & Hindu Religious Institution & Endowments Act, 1987
State of Andhra Pradesh and Others Vs. Nallamilli Rami Reddi and Others, 2001 (7) SCC 708, the object of the Act is to resume lands in the hands of existing tenants for better management. After resumption some tenants may be dependent on the land leased to them by the charitable or religious institution or endowment but it cannot be said that was the only land held by them and that was the only avocation carried on by them,, the objectives of the cancellation of the land is not to deprive anyone of his livelihood but, on the other hand, it is the better management of the properties belonging to the charitable or religious institution or endowment. The incident that the same may result in hardship to some of the tenants will not be a ground to say that it deprives them of their livelihood.
It is stated that all concerned who are interested in the charitable or religious institutions have stated that the temple authorities are facing innumerable difficulties in the management of the landed properties of the institutions, the income is very meagre, not worth-mentioning, and in some cases it is nil, although the institution owns large extent of lands. Reasons thereof is the provisions of the Tenancy Act, attitude of the persons in possession and enjoyment for several years, the lands belonging to these institutions are mostly in the hands of the rich and powerful sections against whom the concerned authorities are experiencing difficulties to dispossess them from the lands.
The trustees or archakas are in enjoyment of the lands kept Benami in the names of their relations, etc. The authorities also are in the collusion with them. The rents paid by the tenants are nominal fixed decades back. The Estimates Committee also expressed the same opinion.
In the instant problem, B's livelihood is not affected by the termination of the tenancy. Some tenants may be dependent on the land leased to them by the charitable or religious institution or endowment but it cannot be said that was the only land held by them and that was the only avocation carried on by them, the objectives of the cancellation of the land is not to deprive anyone of his livelihood but, on the other hand, it is the better management of the properties belonging to the charitable or religious institution or endowment. The incident that the same may result in hardship to some of the tenants will not be a ground to say that it deprives them of their livelihood. Hence the application filed under Section 16 of the A.P. Tenancy Act 1956 in relation to the lands belonging to the Religious Institutions is not maintainable.
0 Comments: