ADVOCATEMMMOHAN: Agricultural Tenancy — Temporary Injunction — Possession Temporary injunction in agricultural tenancy proceedings requires the petitioner to establish prima facie possession. Failure to demonstrate possession is a valid ground for rejection. (Paras 1

Monday, January 12, 2026

Agricultural Tenancy — Temporary Injunction — Possession Temporary injunction in agricultural tenancy proceedings requires the petitioner to establish prima facie possession. Failure to demonstrate possession is a valid ground for rejection. (Paras 1–2)

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Constitution of India — Article 227

Andhra Pradesh (Andhra Area) Tenancy Act, 1956 — Section 16(2)

Civil Procedure Code — Section 151

A. Supervisory Jurisdiction — Alternative Remedy

When statute provides specific appellate remedy, High Court should normally decline to exercise jurisdiction under Article 227, unless exceptional circumstances exist.
(Paras 6–8)

B. Agricultural Tenancy — Temporary Injunction — Possession

Temporary injunction in agricultural tenancy proceedings requires the petitioner to establish prima facie possession. Failure to demonstrate possession is a valid ground for rejection.
(Paras 1–2)

C. FIR as Evidence of Possession — Limited Evidentiary Value

Statements in FIR may indicate prima facie possession but cannot be finally relied upon to determine possession in tenancy disputes.
(Paras 4, 8)

D. Interim Protection Pending Statutory Appeal

Where High Court grants interim protection but later finds alternative remedy, Court may maintain status quo for limited period to enable party to avail statutory remedy.
(Paras 9–10)

E. No Prejudicial Observations

Observations in supervisory proceedings shall not influence the appellate authority.
(Para 10)

FACTS

Event	Details
A.T.C. No. 1/2025	Filed by petitioner seeking injunction against eviction
Claim	Petitioner claimed tenancy over Ac.4.27 cents
I.A. No.249/2025	Sought temporary injunction
29-07-2025	Tenancy Officer rejected I.A. — no proof of possession
CRP filed	Under Article 227
07-11-2025	High Court granted interim stay
02-01-2026	CRP disposed — alternative remedy

ISSUES

Whether CRP under Article 227 is maintainable when statutory appeal exists?
Whether High Court should examine possession in supervisory jurisdiction?
Whether interim protection should continue till appeal is filed?

ANALYSIS OF LAW

Alternative Remedy & Article 227

Section 16(2) of the Tenancy Act provides appeal to District Judge.
High Court held supervisory jurisdiction should not replace statutory appellate mechanism.
(Paras 6–8)

Possession in Injunction Matters

Tenancy Officer rightly rejected injunction as petitioner failed to establish possession.
High Court refused to decide possession to avoid prejudicing appeal.
(Paras 2, 8)

Balanced Interim Protection

Though alternative remedy existed, Court had already granted interim stay earlier.
To prevent hardship, Court ordered status quo for one week to allow filing of appeal.
(Para 9)

Protection Against Prejudice

Court expressly directed that none of its observations shall affect appellate authority.
(Para 10)

RATIO DECIDENDI

Where a statutory appellate remedy is available, the High Court should not exercise supervisory jurisdiction under Article 227; however, limited interim protection may be granted to preserve status quo and enable the aggrieved party to pursue such remedy, without adjudicating upon merits or possession.

ADVOCATEMMMOHAN