KUNCHA KAMARAJU Vs. P BUL MANGAMMA

JUDGEMENT

(1.) The petitioners are seeking Writ of Certiorari to call for the records in A.T.C. 52 of 1982 on the file of the Special Officer-cum-Principal District Munsif, Peddapuram and also A.T.A. No.63 of 1989 on the file of the Principal District Judge, East Godavari dated 29-8-1989 and 13-7-1995 passed by the respondents 4 and 5 respectively.

(2.) The factual matrix leading to the filing of the present writ petition is set out as hereunder: The petitioners are the legal representatives of late Kuncha Surya Rao who was tenant of late Y. Lakshmi Narasamma. The respondents 2 and 3 became the owners of the schedule land as legal heirs of late Lakshmi Narasamma. The petition schedule land is in an extent of Ac.6-58 covered by T.D. No.415, Old S.No.ll and New S.No.188 in Chadalada-Tirupati village. Late Kuncha Surya Rao was inducted into possession of the land as tenant on the condition that he delivers 70 bags of paddy every year as maktha on or before 15th. The said Surya Rao committed default for the year 1981-82 and that after the death of Surya Rao, the petitioners who are his legal heirs have been cultivating the lands as tenants. In view of the default committed for the year 1981-82 they are liable to be evicted. The petitioners resisted the claim contending that their late father K. Surya Rao was the tenant of the schedule land and on 6-6-1967 Lakshmi Narasamma the original owner executed a sale agreement agreeing to sell the petition, schedule land for a consideration of Rs.30,000/- and an advance of Rs.1,000/- was paid at that time and that therefore late Kuncha Surya Rao became an agreement holder and not tenant. It is the case of the writ petitioners that the suit O.S. No.188 of 1973 was filed against late Surya Rao and also against the original owner by the Executive Officer on behalf of Sri Srungara Vallabaswami Devasthanam claiming title over the petition schedule land and that the said suit was decreed. An appeal in A.S. No.92 of 1996 was filed by both the parties and the same was allowed and that the Executive Officer carried the matter to the High Court in second appeal and at that time there was an agreement between the said late Kuncha Surya Rao and the respondents 2 and 3 to the effect that late Surya Rao should finance the litigation and he should cultivate the schedule land as an agreement holder with possession and to spend part of income and also personal monies for fighting the litigation and that he should deliver 30 bags of paddy towards interest on the balance of sale consideration each year. Incorporating these terms a letter dated 2-1-1977 (Ex.B-11) was executed. It is also the case of the petitioners that during the pendency of the litigation with the Executive Officer, time for executing the sale deed was extended on 1-6-1970 and 25-5-1973 by endorsing the same on the back of the agreement of sale and besides the advancement of Rs.1,000/- a sum of Rs.3,600/- due under a pronote dated 9-6-1965 was agreed to be adjusted towards payment of sale consideration and that the amount of Rs.1,800/- was paid on 28-9-1988 by late Kuncha Surya Rao under a receipt, and that again a sum of Rs.4,000/- was paid by late Kuncha Surya Rao under receipt dated 13-5-1969 and that the landlord also received Rs.1,500/- on 2-1-1997 and thus in all an amount of Rs.14,900/- was paid towards sale consideration. In short, it is the contention of the petitioners that there was no relationship of landlord and tenant between the petitioners and the respondents 2 and 3.

(3.) The trial Court based on oral and documentary evidence has held that the writ petitioners who continued to be tenants committed default. Aggrieved by the order of the Special Officer dated 29-8-1989 the petitioners filed A.T.A. No.63 of 1989 on the file of the Principal District Judge, East Gadavari. The appellate authority also has conducted a detailed enquiry and confirmed the order of eviction. Questioning the orders of both the authorities the petitioners have invoked jurisdiction of this Court under Article 226 of the Constitution of India.