U PAPPANNA SASTRI Vs. V NAGA VENKATA SATYAVATI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order of the Revenue Divisional Officer, Gudivada in A. S. No. 1 of 1968. reversing the order of the Tahsildar, Gudivada in I. A in A. T. P. No. 17/67 and holding that the Tahsildar has no jurisdiction to try a petition for eviction filed against a permanent lessee on the ground of default in payment of rent.

(2.) The petitioner herein filed the petition A. T. P. No. 17/67 for eviction of the respondent-tenant under Section 13 of the Andhra Tenancy Act, hereinafter referred to as "the Act" alleging that he had committed default in payment of rent for four consecutive years. The tenant filed an I. A. before the Tahsildar contending that in as much as he is a permanent lessee, the petitioner could not be deemed to be a "landlord" within the meaning of the Andhra Tenancy Act and therefore the Tahsildar had no jurisdiction to entertain the petition. The Tahsildar, dismissed the petition on the ground that it is not advisable to decide the several issues arising in the case piecemeal. On appeal to the Revenue Divisional Officer by the tenant, he held, basing upon a judgment of a learned single Judge of this Court in Civil Revn. petition. No. 247 of 1965 Etc., (since prorated in G. Veeraswamy Etc., v. Upparadasta Pappanna Satrulu. (1969( 2 Andh WR 359) that a landlord who has granted a permanent lease does not possess a right to determine the tenancy for default in payment of rent as the respondent has been granted a permanent lease. the petitioner has no right to maintain a petition under Section 13 of the Act.

(3.) No doubt in this case the lease in favour of the respondent tenant is described as a permanent lease and evidenced by a registered document. But one of the terms of the said lease is that in case of default in payment of rent for two consecutive years, the landlord shall have the right to evict the tenant. Section 2 (f) of the Andhra Tenancy Act defines "landlord" as follows:--------------