KANCHUSTHABAM SATYANARAYANA Vs. NAMUDURI ATCHUTARAMAYYA

JUDGEMENT

(1.) These Appeals by the Plaintiff are directed against the Judgment and Order of the High Court of Judicature of Andhra Pradesh at Hyderabad dated September 21, 1998 in Second Appeal No. 399 of 1989. The High Court, by its impugned Judgment and Order, allowed the Second Appeal and dismissed the plaintiffs suit for permanent injunction setting aside the Judgment and Decree passed by the Principal District Munsif, Ramachandra-puram dated 9-3-1981 and affirmed by the Subordinate Judge, Ramachandrapuram by judgment dated 29th June, 1987. The High Court has also made certain directions while disposing of the Second Appeal.

(2.) Before appreciating the rival submissions, we may notice very briefly the facts of the case relevant for the disposal of these Appeals by special leave. The Appellant herein who was the plaintiff is the owner of the suit property consisting of coconut garden in R.S. No.103 measuring about 16.93-1/2 acres and a vacant land measuring 38 cents in R.S. No.107/1 of Village Serilanka in Ramachandrapuram Taluk, East Godavari District. The case of the Appellant was that he had leased out the said land to the defendant-respondent under an agreement dated 21-12-1967 for a period of 5 years on certain terms and conditions. The appellant filed a petition A.T.P. No. 21 of 1973 under the Andhra Pradesh Act, 1956 before the Tenancy Tehsildar, Rama-chandrapuram for eviction of the respondent alleging that the respondent-tenant had committed default in payment of rent and, therefore, was liable to be evicted. A Receiver was appointed in that proceeding who took possession of the land. Ultimately the Eviction Petition was allowed and the Respondent-tenant was directed to be evicted. Against the order of eviction the respondent preferred T.A. No. 2 of 1974 before the Sub-Collector, Rajahmundry. While the appeal was pending the Appellant filed Execution Petition No.1 of 1974 before the Tehsildar and obtained delivery of possession of the suit land on 18-1-1974. Ultimately, the T.A.No.2 of 1974 filed by the respondent was allowed on 7-6-1976 and the order of eviction was set aside. The matter was remanded to the Tehsildar for disposal afresh. While allowing the appeal the Sub-Collector ordered that the possession of the land should be restored to the tenant namely the Respondent. The respondent moved for delivery of possession pursuant to the Appellate Courts Order and the Tehsildar, by his Order dated 4-10-1976, directed the Revenue Inspector to take possession of the land in question and hand over the same to the respondent.

(3.) While the matter stood thus, the Appellant filed a Writ Petition challenging the order directing re-delivery of possession of the land to the tenant-respondent. He also challenged, by a Writ Petition, the order of the Sub-Collector remanding the matter for fresh disposal and ordering that the possession of the land be restored to the tenant. The Appellant obtained an interim stay but subsequently the same was vacated on 30th November, 1976. A Writ Appeal was preferred by the Appellant but ultimately the same was dismissed.