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Supreme Court of India 2020-10-27 allowed

MUSUNURI SATYANARAYANA vs DR. TIRUMALA INDIRA DEVI & ORS

Bench: 2 — Uday Umesh Lalit, S. Ravindra Bhat

In Brief

A cultivating tenant sought relief under the Andhra Pradesh Tenancy Act, claiming he was entitled to purchase agricultural land at ₹1,25,000/- per acre from the landowner and that his tenancy had not been surrendered. Lower courts held he had surrendered his tenancy through an oral agreement and dismissed his claim. The Supreme Court held that surrender of tenancy requires strict compliance with a mandatory statutory procedure: written notice of three months to the landlord and revenue officer, and acceptance by the Special Officer after due inquiry. An oral agreement cannot effect valid surrender. The compromise decree on record documented the subsistence of his tenancy, and no proper surrender procedure was followed. His payment of ₹49,125/- was towards purchase installment, not rent arrears. The appeal was allowed and the tribunal's order, granting relief, was restored.

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Agricultural Tenancy Tenancy Rights Surrender of Tenancy Right to Purchase Civil Procedure Statutory Construction

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