1. The revision petition is directed against the judgement passed by the District Revenue Officer, Hyderabad in Case No. E4/32170/70 dated 4-5-1971 allowing the appeal and setting aside the order passed by the Tahsildar, Hyderabad Urban in file No. A3/1988/69 dated 29-8-1970.

2. The petitioner claims to be the protected tenant and he was given a tenancy certificate. He contends that the respondents filed a petition before the Revenue Divisional Officer for the cancellation of the tenancy certificate issued in favour of the petitioner. But their application was dismissed. Aggrieved by that order, they preferred an appeal before the Joint Collector. That appeal was also dismissed. Against that order, they preferred revision petition in the High Court. But that was also dismissed. But the respondents unlawfully and forcibly disposessed the petitioner on 30-1-1969. Hence he filed a petition which was registered as A3/1988/69 before the Tahsildar under section 32(1) of the Tenancy Act for restoration of his possession by evicting the respondents. The respondents before the Tahsildar contested the application. They contended that the petitioner was never in possession of the said lands. They asserted that they were the protected tenants and they were in possession of the said lands from the beginning. They relied upon extracts from pahanis of 1951, 1964, 1967 and 1968 and also the rental deed executed in their favour by the landlord Gaya Singh who is also the landlord of the petitioner before the Tahsildar. The Tahsildar held that when protected tenancy certificate was granted to the petitioner (before the Tahsildar), it confers rights of protected tenancy in favour of the petitioner to whom it was issued and it became final as the petition filed by the respondents before the Revenue Divisional officer for cancellation of the same certificate, the appeal filed by them before the Joint Collector and the Revision petition filed in the High Court were dismissed. He also held the in view of the fact that protected tenancy certificate which was issued in favour of the petitioner became final, the entries in the pahanis produced by the respondents confer no rights of protected tenancy on them. So holding, the Tahsildar allowed the petition and ordered for restoration of petitioner's possession by evicting the respondents before him. Aggrieved with the said order, respondents 1 and 2 (before the Tahsildar) preferred appeal before the District Revenue Officer. Before the learned District Revenue Officer the appellants contended that since the suit lands were situated within the municipal limits of Hyderabad, the provisions of Hyderabad Tenancy Act are not applicable. It was further contended that since the appellants have been treated as trespassers by the respondents, the petition under section 32 of the Act is not maintainable since it postulates a case where the parties are landholder and tenant or the persons claiming through them. The learned District Revenue Officer accepted the first contention and held that the lands in question are situated within the Municipal Limits of Hyderabad and the Hyderabad Tenancy Act does not apply. The Learned District Revenue Officer accepted even the second contention and held that as per the averments of the petition, the respondents therein were trespassers and that being so, the Tahsildar has no jurisdiction to entertain the petition under section 32 which presupposes landholder and tenant relationship between the parties to the petition. So holding, he set aside the order passed by the Tahsildar and allowed the appeal.

3. Aggrieved by the said orders, the present revision petition was preferred by the 1st respondent Devanath Singh.

4. Sri Ananth Reddy contends that the District Revenue Officer is not at are correct to hold that the Tenancy Act does not apply to the lands in question merely because they are situated within the municipal limits. He also contends that the learned District Revenue Officer is also not correct to hold that the petition filed by the revision-petitioner before the Tahsildar is not maintainable on the ground that the petitioner took the plea that he was dispossessed by the respondents illegally and the respondents unauthorisedly occupied the lands in question and according to the said averments the respondents were only trespassers and the petition under section 32 can be filed only by a tenant who was dispossessed by the landlord, but not by a third party.

5. I find force in these contentions.

“Agricultural land” is defined in section 2(c) as follows:—

“2(c) “Agricultural land” means land which is used or is capable of being used for agriculture or reserved for growing forests and includes:

(i) fallow land,

(ii) the sites of farm buildings appurtenant to agricultural land, and

(iii) the sites of dwelling houses occupied by agriculturists; agricultural labourers or artisans and land appurtenant to such dwelling houses.

6. There is no provision in the Act showing that the Act does not apply to the agricultural lands situated within the Municipal limits. Section 102 deals with the land to which the Act does not apply. It reads as follows:—

“102. Nothing in this Act shall apply:

(a) to lands leased, granted, alienated or acquired in favour of or by the Government, a local authority or a co-operative Society.

Provided that nothing in this clause shall apply to Inams, lands dealt with under Chapter VI and to such other lands as may be prescribed.

(b) to lands held on lease with the permission of the Collector for the benefit of an industrial or commercial undertaking:

(c) to service Inam lands:

(d) to Inams held by religious or charitable institutions; or

(e) to any area which Government may, from time to time, by Notification in the Official Gazette specify as being reserved for urban, non-agricultural or industrial development.”

7. Judged from what was provided in Section (2)(c) or Section 102(e) it is clear that section 2(c) has not excluded from its purview the agricultural lands situated in the Municipal Limits and section 102(e) gives the power to the Government to notify in the official gazette to reserve any area specified therein for the purpose of urban or industrial development and to such notified area, the provisions of the Act do not apply. In other words, if the lands situated in Municipal Limits are agricultural lands within the meaning of section 2(c), the Act applies unless they are exempted from the application of the Act by a notification in the official gazette that such lands are reserved for urban or industrial development. The word “Area” mentioned in Clause (e) of Section 102 can be taken to include the agricultural lands situated within that area. Ordinarily the Act does not apply to a land or a site situated within the Municipal Limits. But it is not the case with regard to the agricultural lands situated within the municipality. If the agricultural lands are to be excluded from the application of the Hyderabad Tenancy Act under section 102(e) the Government should notify in the Official Gazette that such agricultural lands are reserved for urban or for industrial development. In the absence of any such notification, the Act applies to the Agricultural lands even if they are situated within the municipal limits.

8. It is under these circumstances that I am not able to agree with the finding of the learned District Revenue Officer that the Act does not apply to the agricultural lands situated in the Municipal Limits.

9. It is not in dispute that respondents 1 and 2 before the Tahsildar claiming to be the protected tenants of the landlord, Gaya Singh, dispossessed the revision petitioner, Devanath Singh in whose favour tenancy certificate was granted. It is also not in dispute that the petition filed by the respondents before the Tahsildar for cancellation of the tenancy certificate issued in favour of the revision petition, the appeal and also the revision petition filed by them were dismissed. Hence the tenancy certificate issued in favour of the revision petitioner became final.

10. When the protected tenant was dispossessed from the lands in respect of which he was given tenancy certificate, he is entitled to seek the benefit of section 32(1) and as such he has a right to apply under this Section for summary eviction and the Tahsildar has jurisdiction to entertain such petition. Even a landlord is not entitled to dispossess the protected tenant from the lands which were leased out to him except under an order of Tahsildar for which he should apply in the prescribed form. Thus from the provisions of Section 32 it is clear that a protected tenant will be entitled to recover possession not only from his landlord if he causes dispossession without obtaining necessary orders from the Tahsildar, but also he is entitled to recover possession from any person who dispossesses him at the instance of his landlord.

11. In the case on hand, the respondents before the Tahsildar dispossessed the protected tenant claiming that they are the tenants of the same landlord and the lands were leased out to them and they were entitled to possession of the lands. Thus they dispossessed the petitioner at the instance of their common landlord. Merely because the protected tenant described the person who dispossessed him as, trespasser in his application under Section 32(1), it cannot be said that the protected tenant is not entitled to invoke the benefit of section 32 and the Tahsildar has no jurisdiction to entertain such a petition. It is the substance of the pleading that should betaken into consideration for the purpose of exercising jurisdiction, but not the casual words used in the pleading inaccurately and inartistically drafted. A bench of the court consisting of Jaganmohan Reddy J. (as he then was) and Anantarayana Ayyar, J. in Lingamiah v. Yalliah (1) 1965 (1) An. W.R 348 had occasion to examine similar question. The respondent in that case was a person who agreed to purchase the land from the owner pattadar who according to him was in possession of the property and the petitioner was a protected tenant. The petitioner was dispossessed by the respondent. The contention raised before the learned Judges, was that the petition under section 32 against the respondent who is third party trespasser is not maintainable. Speaking for the Bench Jaganmohan Reddy, J. rejected the contention and held that the Section does not say that such a tenant or agricultural labourer or artisan cannot present application against a third party. If he is entitled to possession of the said land he has a right to apply to the Tahsildar for being put into possession of the same. The contention of the learned advocate for the respondent that since a person is described as trespasser or a third patty, the Tahsildar ceased to have jurisdiction, cannot be accepted. If a tenant is in possession and is forcibly dispossessed by some third party, the fact that he is entitled to possession of the same as against the party who has wrongfully dispossessed him cannot be gainsaid and if that is so, he has a right to apply under this provision.

12. For the aforesaid reasons. I have no hesitation to hold that the finding of the learned District Revenue Officer that the Tahsildar has no jurisdiction to entertain the petition since the persons who dispossessed the protected tenant were described as trespassers in the petition cannot be accepted. Thus I find merits in the revision petition and it is, therefore, allowed with costs.