LAWS(SC)-2004-4-23

MADHAV RAO Vs. KHUNRU BALAPPA

Decided On April 22, 2004
MADHAV RAO Appellant
V/S
KHUNRU BALAPPA Respondents

JUDGEMENT

(1.) This appeal arises out of an order passed by the High Court of Andhra pradesh, allowing the revision petition preferred by the respondents herein, holding that the proceedings initiated by the appellant under S. 19 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the Act") before the Mandal Revenue officer, were not within the jurisdiction of the aforesaid Revenue Court, hence, the same could not be entertained by the Mandal Revenue Officer.

(2.) The brief facts are that the appellant filed two petitions before the mandal Revenue Officer on 12/8/1986, by one of which a prayer for eviction of the respondents was made on account of arrears of rent relating to the period from 1982-83 to 1984-85. By means of the second petition the amount of arrears of rent was claimed. The Mandal Revenue Officer by his order dated 22/9/1992 rejected the petition of the appellant for eviction of the respondents on the ground that necessary procedure as prescribed under the law was not followed. But insofar as the other petition claiming the amount of arrears of rent for the period of three years, as indicated above, was concerned, the petition was allowed. The present appellant preferred an appeal against the order of the Mandal Revenue Officer rejecting his petition for eviction of the respondents.

(3.) It may be mentioned here that the respondents did not prefer any appeal against the order allowing the petition for arrears of rent which the respondents were required to pay. The appeal preferred by the appellant was allowed by order dated 6/2/1993, holding that due procedure as required under the law was followed. Hence, the order passed by the Mandal Revenue officer was set aside, the petition in regard to the eviction was also allowed. The respondents preferred a revision in the High Court which was allowed in favour of the respondents.