LAW FOR ALL

Once a ownership certificate is issued under Section 38E of the Act, the plea of alleged oral surrender of tenancy rights would have been relevant, only if an appeal was filed against the order granting ownership certificate under Section 38E of the Act,- after the grant of Section 38E certificate, the petitioners' possession was restored by the Revenue Inspector under panchanama on 06.06.1978. In my opinion, once the tenants, in whose favour ownership certificate has been issued under Section 38E of the Act, have been put in possession of the property, they cannot approach the Tahsildar again and again for restoration of possession whenever they are dispossessed for, they no longer continue to be under protection of the provisions of the Act as they have evolved into full-fledged owners with the issuance of the ownership certificate under Section 38E of the Act. If they are subsequently dispossessed, they can only approach the competent civil Court by way of a suit.