DHULIPUDI JAGANNADHA RAO Vs. TAVVA NUKARAJU

JUDGEMENT

(1.) The sole question that poses for consideration in this revision petition is whether it is competent for a Tahsildar to transfer a petition filed before him, under Section 16(1) of the Andhra Tenancy Act, 1956 (18 of 1956) (hereinafter referred to as the Act) to an officer of co-ordinate jurisdiction, who, in this case happens to be the Assistant Estate Manager.

(2.) The application giving rise to the present revision petition was filed by a landlord before a Tahsildar to terminate the tenancy of the petitioner on the ground that he committed default in paying the rent within the period specified in section 13 (a) of the Act.

(3.) This was resisted by the petitioner on the ground that he was not a "cultivating tenant" of the respondent within the purview of Section 2(c) of the Act and that, at any rate, as he had not committed any default in the payment of rent, the landlord was not entitled to invoke Section 13 (a)of the Act.