APTAL Act 5Chapter III · Tenants

Section 5 · Persons deemed to be tenants:

- A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the landholder and if such person is not:

(a)

a member of the landholder's family, or

(b)

[ a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the landholder or any member of the landholder's family, or] [Amended by Hyderabad Act 3 of 1954.]

(c)

a mortgagee in possession:

Provided that if upon an application made by the landholder within one year from the commencement of this Act to the Tahsildar within whose jurisdiction the land is situate:

(a)the Tahsildar declares that such person is not a tenant and his decision is not reversed on appeal or revision, or

(b)the Tahsildar refuses to make such declaration but his decision is reversed on appeal or revision, such person, shall not be a tenant:

[Provided further that a sub-tenant cultivating any land belonging to another person on the day on which the Hyderabad Tenancy and Agricultural Lands (Second Amendment) Act, 1951, came into force shall, notwithstanding the fact that the creation of the sub-tenancy might have been prohibited by any law for the time being in force, be deemed to be lawfully cultivating the land as a tenant for the purposes of this section.] [Amended by Act 23 of 1951.]

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