A RAMACHANDRA RAO Vs. A VENKATA LAKSHMINARAYANA SASTRY

JUDGEMENT

(1.) This revision petition has been referred to us by our learned brother Chandrasekhara Sastry, J., having regard to the question of general importance arising under the Andhra Tenancy Act. The petitioner is a cultivating tenant and the respondent is the landlord owning ac. 7-39 cents of land in Polavaram, and was in possession of the same and cultivated it for the year 1957-58 in respect of which year he paid to the respondent a rent of Rs. 220.00 under Ex. B-1 dated 12-3-1958. For the year 1958-59 the petitioner executed a kadapa, Ex. A-1 dated 12-3-58 by and under which the rent was fixed at Rs. 240.00 which was payable on or before 9-3-1959. The petitioner, however, did not pay the amount as stipulated on 9-3-1959. He appears to have sent Rs. 220.00 only by money order on 6-4-1959 which amount, it is admitted, was received by the respondent on 15-4-1959. Under Section 13 Clause (a) of the Andhra Tenancy Act, 1956 (Act No. XVIII of 1956), hereinafter to be referred to as the Act, the amount of rent is payable within a month from the date stipulated in the lease deed for payment of rent, so that if the date stipulated was 9-3-1959, the rent should have been paid by 9-4-1959. It is obvious therefore that payment was not made within the period of one month from the date stipulated in the lease deed. Not only was Rs. 240.00 not paid within that time but the petitioner paid Rs. 20/- less so that strictly speaking he had not paid the lease amount within the time permitted to him under Section 13 (a) of the Act. The respondent landlord having waited till 4-6-1959 filed an application before the Tahsildar under Section 13 for ejectment; but it appears that on the same day viz., on 4-6-1959 the petitioner sent Rs. 20.00 by money order to the respondent at Visakhapatnam which was duly returned with the endorsement that the whereabouts of the respondent were not known. Later he ultimately paid Rs. 23.00, Rs. 3.00 being included as interest, on 28-7-59 in the office of the Tahsildar. The plea of the petitioner before the Tahsildar was that he was under a bona fide mistake that the rent fixed for the year 1958-59 was the same as for the previous year viz., Rs. 220.00 that since the whereabouts of the respondent at the relevant time were not known, he sent the amount of Rs. 220.00 by money order on 6-4-1959 within one month from the due date which was 9-3-1959 and that he was not responsible for the delay in the delivery of the money order to the respondent, who, it appears, at the time was at Visakhapatnam undergoing treatment. The Tahsildar held that the petitioner failed to pay the rent due by him within the period of one month from the date stipulated in the lease deed and therefore ordered eviction, which order was confirmed by the Revenue Divisional Officer, Kovvur, who held that even with regard to the amount of Rs. 220.00 sent by money order on 6-4-1959 by the petitioner there was default within the meaning of Section 13 Clause (a) of the Act on the ground that the payment of the rent by the tenant through post is at his own risk.

(2.) Our learned brother expressed the view that where the landlord cannot be found and the money is sent by post, the crucial date is the date on which it is sent by post inasmuch as the Post Office could be deemed to be an agent of the landlord and that it is immaterial whether it reaches the landlord within the time allowed under Section 13 (a) of the Act. Secondly, it was observed by the Revenue Divisional Officer that the petitioner was anxious to pay the full rent due which was Rs. 240.00 as agreed to for the year 1958-59 with which view our learned brother also agreed. It may also be stated that the petitioner had urged in appeal before the Revenue Divisional Officer that since the respondent received the rent for the subsequent year 1959-60 without any protest, he must be deemed to have waived his right to get the appellant (petitioner herein) evicted.

(3.) At this stage it would be profitable to refer to the observations of, our learned brother directing the matter to be posted before a Bench :