A. RAMACHANDRA RAO Vs. A. VENKATA LAKSHMINARAYANA SASTRY

JUDGEMENT

(1.) This revision petition has been referred to us by our learned brother Chandra-sekhara Sastry, J., having regard to the question of general importance arising under the Andhra Tenancy Act. The petitioner is a cultivating tenant and the respondent is the landlord owning ac. 739 cents of land in Polavaram. and was in possession of the same and cultivated it for the year 1957-58 in respect of which year he paid to the respondent a rent of Rs. 220/- under Ex. B-1 dated 12-3-1958. For the year 1958-59 the petitioner executed a kadapa, Ex. A-1 dated 12-3-58 by and under which the rent was fixed at Rs. 240/- which was payable on or before 9-3-1959. The petitioner, however, did not pay the amount as stipulated on 9-3-1959. He appears to have sent Rs. 220/- only by money order on 6-4-1959 which amount, it is admitted, was received by the respondent on 15-4-1959.

(2.) Our learned brother expressed the view that where the landlord cannot be found and the money is sent by post, the crucial date is the date on which it is sent by post inasmuch as the Post Office could be deemed to be an agent of the landlord and that it is immaterial whether it reaches the landlord within the time allowed under Section 13(a) of the Act. Secondly, it was observed by the Revenue Divisional Officer that the petitioner was anxious to pay the full rent due which was Rs. 240/- as agreed to for the year 1958-59 with which view our learned brother also agreed. It may also be stated that the petitioner had urged in appeal before the Revenue Divisional Officer that since the respondent received the rent for the subsequent year 1959-60 without any protest, he must be deemed to have waived his right to get the appellant (petitioner herein) evicted.

(3.) At this stage it would be profitable to refer to the observations of our learned brother directing the matter to be posted before a Bench: