KONDAY SUBBARAJU Vs. DANDIGANAPUDY DHARMA CHERUVU

JUDGEMENT

(1.) This Civil Revision petition arises out of an Order of the Revenue Divisional Officer, Gudivada, which reversed the Order of the Deputy Tahsildar in A.T.P. No. 824 of 1957, filed by the petitioner under section 6 of the Andhra Tenancy Act (XVIII of 1956) for fixing fair rent for the lands in question. The facts which have led up to that application may be shortly stated. The respondent herein is the trustee of Dandiganapudi Dharma Cheruvu. It would appear that two parcels of land, of the extents of Ac. 5-84 cents and Ac. 6-26 cents, situated in R.S. Nos. 206 and 163, in the village of Dandiganapudi, had been leased out by the trustee in open auction for one year on a yearly rent of 69 bags of paddy. The tenant (petitioner herein) filed the application, out of which this revision arises, for the fixation of fair rent for the land demised.

(2.) The respondents resisted the application principally on the ground that the period of the lease in question was one year which was contrary to the provisions of the Andhra Tenancy Act and that the lease itself was hence void. This objection was negatived by the Deputy Tahsildar but found favour with the Revenue Divisional Officer who held that :

(3.) The short question for decision in this revision petition is whether a tenant inducted into possession under a yearly lease cannot maintain an application for fixation of fair rent under section 6 of the Andhra Tenancy Act (hereinafter referred to as ' the Act').