MAN MOHAN . vs MOHD.MOHINUDDIN ALI KHAN (DEAD) BY LRS. — C.A. No. 5539/2001

Summary: The Supreme Court allowed the appeal by tenants Man Mohan and others, holding that they were entitled to recover possession of land under Sections 45-46 of the Andhra Pradesh Tenancy Act, 1950. The Court found that the landholder Dilawar Ali Khan failed to personally cultivate the land after his tenancy was terminated in 1967, as he had engaged Gopaiah and Hanumaiah on a crop-share ("Batai") basis rather than paying wages in cash or kind, which does not constitute personal cultivation under the statutory definition. The Court rejected the High Court's reliance on a 1951 circular, holding it cannot override the statutory definition of personal cultivation incorporated in 1961, and restored the Joint Collector's order granting the tenants' application for restoration of possession. This case analysis is maintained by casestatus.in based on publicly available court records.