KANTEHTI NAGA RAMALINGESWARA PADMANABHAM Vs. VASAMSETTI RAJA GOPAL

JUDGEMENT

(1.) THIS revision under Article 227 of the Constitution of India is filed against the order dated 31.01.2011 in A.T.A. No.10 of 2008 on the file of the Court of the III Additional District Judge, Kakinada.

(2.) THE petitioner filed a petition under Sections 10(1), 15 and 16(1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (the Tenancy Act, for brevity) for declaration that he is a statutory protected tenant and for permanent injunction restraining the respondents herein from interfering with his possession. He also sought permission to deposit the value of four kata bags of Paddy per year. He alleged that the first respondent is the owner of land comprised in S.No.121 admeasuring Ac.0.71 cents (out of Ac.1.71 cents); he is a tenant since 14.07.2003; and that he became owner after death of Vasamsetti Sathiraju from whom he took the property on lease. He alleged that when he offered maktha to the first respondent he refused to accept the same and that the first respondent and others are trying to sell away the property. THE petitioner also claimed preemptive right under Section 15 of the Tenancy Act.

(3.) THIS Court ordered notice on 27.09.2011. After receiving notice, the second respondent alone entered appearance and other respondents remained ex parte.