V JAGAN MOHANA SASTRY Vs. BEGGU SATTIRAJU

JUDGEMENT

(1.) Sri V. Jagan Mohana Sastry - Revision petitioner, aggrieved by the order made by the appellate authority-cum-District Judge, Krishna at Machilipatnam in C.M.A.No.120/ 94, dated 29-3-2000 reversing the judgment and decree of the Special Officer-cum-District Munsif, Kaikalur made in A.T.CNo. 41/90, had preferred the present Civil Revision Petition under Article 227 of the Constitution of India.

(2.) The petitioner herein is the landlord and the respondent herein in the tenant. For the purpose of convenience, the parties will be referred to as "landlord" and "tenant" hereinafter.

(3.) The landlord filed A.T.C.No. 41/90 on the file of Special Officer-cum-District Munsif, Kaikalur for resumption of land specified in the schedule and the learned Special Officer-cum-District Munsif, Kaikalur, on appreciation of the evidence of P. W. 1 and R. W. 1 had arrived at a conclusion that the landlord had failed to prove that the tenant had been in arrears of rent and had negatived the said ground, but however had ordered eviction on the ground that the landlord requires the schedule land for his personal cultivation. Aggrieved by the same, the tenant preferred C.M.A.No. 120/94 on the file of appellate authority i.e., District Judge, Krishna at Machilipatnam. The landlord also had preferred Cross-Objections. At the appellate stage, several documents were filed and the tenant had taken a stand that Sri Jagannadha Swamy Temple is the owner of the petition schedule property. The learned District Judge after framing the Points for consideration, ultimately had arrived at the conclusion that the procedure contemplated under Section 12 of the A.P. (Andhra Area) Tenancy Act, 1956, hereinafter referred to in short as "Act" for the purpose of convenience, had not been followed and had allowed the Appeal filed by the tenant and dismissed the Cross-Objections filed by the landlord. Aggrieved by the same, the landlord had preferred the present civil Revision Petition.