VENKATESWARA RAO Vs. VENKATESWARA RAO # NARAYANA RAO

JUDGEMENT

(1.) W.P.No. 1782/79: This is an application filed under Article 226 of the Constitution of India for the issuance of a writ of certiorari seeking the quashing of the order of the Revenue Divisional Officer, Kovvur, the 2nd respondent herein dated 16th of February, 1979 confirming the order of the Head-quarters, Deputy Tahsildar, Kovvur, the 3rd respondent herein, dated 1st of February, 1975.

(2.) The petitioner is a tenant with respect to dry land comprising an extent of Ac. 4.00, bearing R.S.No. 26 of Vadapalli village, Kovvur Taluk, West Godavari District. That land belonged to the 1st respondent's joint family consisting of father and son.

(3.) According to the petitioner, this land was leased out in the year 1965 for an amount of Rs. 1,850/-. Again, on 25-11-65 in the same year, as the landlord wanted some advance amount, the rent was enhanced to Rs, 2, 050/~ and the same was collected by the landlord even prior to the expiration of the first year and he issued receipt under Ex. A-8 in acknowledgment of the receipt of the amount. The petitioner paid the [rents as per the enhanced rates even in the years 1966-67 and 1967-68. Thereafter, the rent was again enhanced to Rs. 2,800/- for the year commencing from 1968-69. Rent for the year 1970-71 was paid under two receipts. Exs. B-1 and B-2 dated 12th of April 1970 and 25th of May 1970 respectively. Those amounts also were paid as advance for the future years. Thereafter, the landlord issued a notice of eviction, Ex. A-l. As the petitioner refused to vacate the land, two petitions, T.A.No. 15/71 and T.A.No. 16/71 were filed before the-Head-quarters Deputy Tahsildar Kovvur under section 13 of the Andhra Tenancy Act, 1956 seeking the eviction of the petitoner on the ground that there was delay in payment of the rent for the year 1970-71. That notice issued prior to the filing of the eviction petition by the landlord, did not allege about the default of payment. What is stated is that as per the condition, the tenant should vacate the land after getting the sugar cane crop cut. The landlord never raised before, any dispute with respect to the payment of rent or any default of payment.