KRISHNA DHARMARAJA SWAMY DEVASTHANAM Vs. P MOHAN RAO

JUDGEMENT

(1.) Sri Krishna Dharmaraja Swamy Devasthanam, Moojapet, Nellore represented by its Executive Officer, filed this writ petition questioning the orders of Respondents 2 and 3 in rejecting its claim to evict the 1st respondent for non-payment of agreed rent in respect of the lands leased out by it in favour of the 1st respondent.

(2.) The petitioner-Temple is the owner of the agricultural land admeasuring Ac.9-83 cents. Leasehold rights were put to public auction and the 1st respondent became the highest bidder in the auction held on 27-12-1975 by offering in maktha of 14 putties-10 tooms of paddy per year payable by 31st March of every year for a period of 5 years from 1976-77 to 1980-81. The 1st respondent defaulted the payment of rents and fell in arrears for the 1st year onwards, and he committed default in payment of maktha for the years 1976-77 to 1980781. The petitioner filed the eviction petition in ATC.No.252 of 1981 on the file of the Special Officer (Principal District Munsif), Nellore under Section 13 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter referred to as 'the Act') for eviction of the 1st respondent from the lands of the petitioner-Temple.

(3.) The 1st respondent resisted the eviction petition contending that due to heavy competition, he offered more rent, and that the rent offered by him was more than the maximum rent payable under Section 3 of the Act, and therefore, he filed an application for fixation of fair rent in T.A. No.24 of 1977, which was re- renumbered as ATC No.170 of 1981 on the file of the Special Officer-cum-Principal District Munsif, Nellore, and till the pendency of the said application, he cannot be evicted, as he was paying the rent that is payable under Section 3 of the Act.