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Supreme Court of India 2021-10-27 allowed

Musunuri Satyanarayana vs Tirumala Indira Devi & Ors

Bench: 2 — S. Ravindra Bhat

In Brief

A cultivating tenant sought to purchase agricultural land from his landlord under the Andhra Pradesh Tenancy Act after paying a part-instalment. The landlord claimed the tenant had orally surrendered his tenancy and resold the land to third parties. The lower courts upheld the sales. The Supreme Court allowed the appeal, holding that surrender of tenancy requires strict compliance with statutory procedure—written notice to the landlord and Special Officer, plus the Special Officer's approval after enquiry. Since no such procedure was followed, the tenancy continued to subsist. The part-payment of Rs. 49,125/- was a first instalment for purchase, not rent arrears, as evidenced by the accompanying covering letter and the fact that alleged arrears would be only Rs. 28,850/-. The tenant's right of first purchase under Section 15 therefore remained valid.

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Tenancy Law Agricultural Law Right to Purchase Surrender of Tenancy Civil Procedure

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