FIELD LABOUR CO OPERATIVE SOCIETY MANEGUNTAPADU KOVVUR Vs. KAILASANATHASWAMI TEMPLE PARLAPALLI KOVVUR

JUDGEMENT

(1.) These are two petitions filed under Article 227 of the Constitution of India to revise the Order of the Revenue Divisional Officer, Kavali, made in A.T.As.Nos.33 and 34 of 1958 on his file. The Petitioner in the two Civil Revision Petitions is the Field Labour Co-operative Society, Maneguntapadu, Kovvur Taluk, Nellore district, represented by its President Sri Vasa Rajasekhara Reddy. The respondent in C.R.P.No.656 of 1958 is Sri Kailasanathaswami Temple, Parlapalli, Kowur Taluk, represented by its Executive Officer, and in C.R.P.No.658 of 1958 the respondent is Sri Alaganathaswami Temple, Parlapalli, Kowur Taluk, represented by its Executive Officer.

(2.) The petitioners in these two cases took on lease 36 acres, 29 cents of land belonging to the respondent in C.R.P.No.656 and 38 acres, 45 cents belonging to the respondent in C.R.P.No.658 agreeing to pay 18 putties of paddy in each case per year. The said leases were admittedly subsisting on the date of the coming into force of the Andhra Tenancy Act. On the allegation that the agreed rent is excessive and that the actual extent of the land taken on lease is less than what is mentioned in the lease-deeds, the petitioners filed applications before the Andhra Tenancy Special Deputy Tahsildar, Kowur, under section 6 of the Act, for fixation of fair rent. The main contention of the respondent in each case was that the petitioner in these Civil Revition Petitions is only an intermediary and not a cultivating tenant as defined in the Andhra Tenancy Act and that therefore he cannot claim the benefits under the Andhra Tenancy Act and that the petitions for fixation of fair rent are not maintainable.

(3.) It was also pleaded that the rent agreed to be paid is the fair rent. The Tenancy Special Deputy Tahsildar elaborately inquired into the matter on the question of maintainability of the petitions. He held that the petitioners are cultivating tenants within the meaning of the Andhra Tenancy Act and that since the tenancy was subsisting on the date of the Act, the petitions were maintainable, and he proceeded to fix what in his view was the fair rent.