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State of Andhra Pradesh - Section

Section 5 in Andhra Pradesh (Andhra Area) Inams (Abolition And Conversion Into Ryotwari) Act, 1956

5. Reinstatement of tenants who were in occupation of inam lands in inam villages on the 7th January, 1948, but were evicted from such lands before the commencement of this Act:.

(1)Any tenant who was in occupation of an inam land in an inam village on the 7th January, 1948, but who is not in occupation thereof at the commencement of this Act having been evicted from such land by or at the instance of the inamdar whether in execution of a decree or order of a Court or otherwise, shall be entitled to be restored to occupation of that land as herein after provided.Explanation: For the purposes of this section the expression "inamdar" includes an institution.
(2)Any tenant who is entitled to be restored to occupation of an inam land under sub-section (1) may, within three months after the publication of the decision of the Tahsildar or the Revenue Court, as the case may be, in the District Gazette, under sub-section (6) of Section 3, file an application in the prescribed form before the Revenue Court for a declaration that he was in occupation of the inam land on the 7th January, 1948, and for restoration of occupation thereof.
(3)When an application is filed under sub-section (2), the Revenue Court shall cause to be served in the prescribed manner, a notice requiring the inamdar and if there is any other person who came into occupation for the inam land after the 17th January, 1948, and is in occupation thereof on the date of commencement of this Act also the other person aforesaid, to file before it within the prescribed period, objections if any, to the application and after giving the tenant, inamdar and such other person, a reasonable opportunity of being heard and after considering the objections, if any, filed before it passes an order either allowing the application or dismissing it. In an order allowing the application, the Revenue Court may impose such condition as it may consider just and equitable including any condition in regard to reimbursement to the inamdar or such other person, as the case may be, by the applicant in respect of any labour done and any expenses incurred for the improvement of the land by the inamdar or such other person during the period of his possession or occupation, if there is no agreement between the parties as regards the rate and manner of such reimbursement.
(4)Any person or institution aggrieved by an order of the Revenue Court under sub-section (3), may appeal to the Collector within sixty days from the date of communication of such order [x x x]. [ The words 'by registered post' omitted by Act 3 1960.]
(5)Where any such appeal is filed, the Collector may, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders on the appeal as he thinks fit.
(6)Any order passed by the Collector under sub-section (5), and in case where no appeal is filed, any order passed by the Revenue Court under sub-section (3), shall be final and every such order shall have the same effect as a decree of Civil Court and shall be executable by the Revenue Court.