AMBATI DURGAMMA Vs. PERICHERLA JAGAPATHIRAJU

JUDGEMENT

(1.) c.r.p.No. 816 of 1997 is directed against the order dated 30-12-1996 passed in e.a.No. 6/91 in e.p.No. 2/91 in o.s. No. 881/1973 on the file of principal district munsif, tadepalligudem, whereby the learned special officer-cum-principal district munsif allowed the execution application filed under sections 144 and 151 CPC and order 21 rule 99 CPC declaring the petitioner therein viz., pericherla jagapathi raju as the cultivating tenant of the e.p. schedule land and directing r-4 to r-10 therein to re-deliver the schedule property to him within three months from the date of the order.

(2.) c.r.p.No. 4886 of 1997 is directed against the order dated 30-8-97 passed in a.t.a.No. 7/97 on the file of district judge, w.g. at eluru, whereby the learned appellate authority-cum-district judge set aside the order dated 30-11 -1996 passed in a.t.c. No. 137/91 on the file of special officer-cum-principal district munsif, tadepalligudem and consequently dismissed the application filed by r-1 pericherla jagapathi raju therein for declaration of his tenancy rights over the land bearing survey No. 116 admeasuring ac. 7-50 cents situated in narsampalli village, hamlet of bayyannagudem (hereinafter referred to as the land).

(3.) the petitioners in c.r.p.No. 816 of 1997 are the legal representatives of ambati narsaiah, who is the owner of the land. R-1 pericherla jagapathi raju is the tenant and r-2 pericherla ramachandraraju is the auction purchaser. R-3 maddala subba rao is the decree holder in o.s. 881/73. The petitioner in c.r.p.No. 4886/97 is the tenant and r-1 to r-7 are lrs of ambati narsaiah (r-8) the landlord. R-9 is the auction purchaser. R-10 is the primary authority under A.P. (Andhra Area) Tenancy Act and R-11 is the appellate authority. The tenant-pericherla jagapathi raju filed e.a. No. 583/90 on the file of principal district munsif, kovvur, for declaration of his cultivating tenancy rights and for restitution of the property over which he claimed to be the tenant. He also filed a.t.c.No. 94 of 1989 on the file of special officer-cum-district munsif, kovvur for declaration of his cultivating tenancy rights on the file of special officer-cum-district munsif, kovvur. Both the proceedings subsequently came to be transferred to the file of special officer-cum-principal district munsif, tadepalligudem. Consequent on transfer, e.a.No. 583/90 and a.t.c.No. 94/89 came to be re-numbered as e.a.No. 6/91 and a.t.c.No. 137/91. The learned special officer-cum-principal district munsif, tadepalligudem, disposed of e.a.No. 6/91 and a.t.c.No. 137/91 by a common order dated 30-12-1991 whereby and whereunder the learned special officer declared the cultivating tenancy rights of p. Jagapathi raju and directed the judgment debtor- ambati narsaiah to deliver the land within three months from the date of the order. Assailing the order passed in e.a.No. 6/91, the lrs of ambati narsaiah filed c.r.p. No. 816/97. Whereas assailing the order passed in a.t.c.No. 131/91, they filed at.a.No. 7/97 on the file of district judge, w.g. at eluru. The learned district judge on re-appreciation of the evidence brought on record allowed the tenancy appeal and dismissed the tenancy application filed by pericherla jagapathi raju for declaration of his cultivating tenancy rights over the land by judgment dated 30-8-97. Assailing the judgment passed in a.t.a.No. 7/97, the appellant therein-tenant (pericherla jagapathi raju) has filed c.r.p.No. 4886 of 1997. Since both the civil revision petitions, one preferred by the lrs of the landlord- ambati narsaiah and another by the tenant- pericherla jagapathi raju are in respect of one and the same land, they are being disposed of under this common order.