K. Jagannatha Shetty, J. - (1.) This appeal with leave arising out of a judgment of the High Court of Andhra Pradesh illustrates how the "land reform" and the progressive policy of "land to the tiller" could be defeated by vested interests and lukewarm attitude of statutory authorities.
(2.) The relevant facts The appellants were in possession of certain agricultural lands as tenants. After coming into force of the A. P. (T.A.) Tenancy and Agricultural Lands Act. 1950 ("The Act"), they were recognised as protected tenants. A "protected tenant" means that he is protected from eviction. If he is dispossessed, the Tehsildar suo motu or on application shall put him in possession. Rev. Rutar Ford Padri and Vundru Padri were admittedly their landlords The appellants had no problem with them. It seems that they had left the country long long ago. The first respondent claims to be the Property Association of the Baptist Churches (Pvt.) Ltd. ("The Association"). The Association does not dispute that the lands were originally purchased by Rev. Rutar Ford Padri and Vandru Padri but it says that they purchased for the benefit of American Baptist Formation Society. The lands stood transferred to the Association as per order made by the Madras High Court in company petition Nos. 109 and 110 of 1973. The Association thus claims to be the owner and also says that it is in de facto possession of the lands.
(3.) In 1976, the Association issued notice under Sec. 19(2) of the Act terminating the appellants' tenancy. In the notice, it was alleged that the appellants were self styled tenants. They have not paid the rents for more than three decades. They were working off and on as casual labourers. They were being paid for their services. There was no other relationship between them and the Association. It was further alleged that the appellants sub-divided the lands and alienated bit by bit to third parties and thereby denied title of the landholder. They have been, therefore, treated as trespassers.;