TAVVA VENKATA SARVESWARA RAO Vs. VALLABHANENI KASI VISWANADHAM

JUDGEMENT

(1.) This appeal arises out of an order of the Vacation Civil Judge West Godavari on May 30, 1981. In the order an injunction is ordered on May 23, 1981. against T.V. Sarveswara Rao, the appellant and his grandson. One of the questions raised in the appeal relates to the jurisdiction of the Vacation Civil Judge under section 32 of the Andhra Pradesh Civil Courts Act No. 19 of 1972.

(2.) The subject in the order under appeal relates to statute of the Andhra Pradesh (Andhra Area) Tenancy Act 18 of 1956. V. Kasi Viswanatham approached Vacation Judge with a petition under section 16 of the Act 18 of 1956, that he is a tenant of the land in dispute, that the two persons (the grand-father and the grand-son) are attempting to disposses him, therefore, he scught an order to restrain them from interfering with his possession. Thereupon an ad interim injunction was passed on May 23 and made absolute on May 30, 1981.

(3.) The District Munsifs in the Act 18 of 1956 are appointed Special Officers under G.O.Ms.No. 273 Revenue (F) dated dune 20. 1970 The District Munsifs Court when closed for vacation, the vacation officers are appointed under section 32 of Act 19 of 1972. In this appeal it is argued the Vacation Civil Judge has nojurisdiction to take cognizance of petitions under section 16 of Act 18 of 1956. Vacation Civil Judges are appointed, it is arguad, when the District Court, a Court of Subordinate Judge or a Court, of District Munsif are closed. The jurisdiction of the Vacation Civil Judge may extend to suits, appeals and proceedings pending or cognizable by a District Court, a Court of Subordinate Judge or a Court of District Munsif. It is. however, argued the vacation Judge is not a special Officer appointed under the provisions of Act 18 of 1956. Therefore, the order under appeal has been passed without any authority under Act 18 of 1956.