KAMIREDDY VENKATARAMANA REDDY Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) Heard both sides. The petitioner in this revision, who is landlord, seeks to assail the orders in A.T.A.No.3 of 1991 dated 12-7-1999 on the file of District Judge, Anantapur reversing the orders passed by the Special Officer-cum-District Munsif, Anantapur in A.T.P. No.S of 1984 dated 18-6-1991 in persuation of an application filed by the respondent herein under Section 16 of Andhra Pradesh (Andhra Area) Tenancy Act read with Rule 19 of Andhra Pradesh (Andhra Area) Tenancy Rules, 1980 for declaration that he is the tenant in perpetuity in respect of the petition schedule property and for consequential permanent injunction from his forcible eviction by the landlord.

(2.) The facts in brief are - that the schedule property originally belongs to one Chinna Narasappa and he was cultivating the land as a tenant on yearly lease prior to 1975. The said Narasappa executed a lease deed dated 5-4-1975 in favour of the tenant for one year on an annual rent of Rs. 1,000/- and he has been continuously cultivating the schedule property. Again on 16-2-1983, the landlord executed a registered lease deed in respect of the schedule property on an annual rent of Rs.2, 000/- for a period of five years and the tenant paid some amount as advance. In the circumstances, the tenant filed the present application.

(3.) The said application was contested by the landlord, inter alia, denying the claim on the ground that the petitioner/ tenant was not the tenant at all and the question of recognising him as a tenant in perpetuity does not arise. The alleged lease deeds dated 5-4-1975 and 16-2-1983 were denied. The landlord claims that he became the rightful owner of the petition schedule property by virtue of a registered gift deed dated 26-12-1980 executed by Late Narasappa and ever since he has been in possession and enjoyment of the property.