JAGATI THIMMA RAJU Vs. DRONAMRAJU SITABHAI

JUDGEMENT

(1.) Heard Sri M.R.S. Srinivas, and Sri C.C.S. Sastry, learned Counsel appearing on behalf of the petitioner and the respondents respectively.

(2.) The petitioner herein is a tenant who seeks to assail the orders rejecting an application in LA. No.2394 of 1994 in A.T.A. No.89 of 1990 dated 8-11-1996 on the file of District Judge, West Godavari, Eluru filed under Section 5 of the Limitation Act to condone the delay of 92 days in filing the petition to set aside the abatement in filing an application to bring legal representatives of the deceased landlord.

(3.) It is the case of the petitioner is that he filed a regular appeal in A.T.A. No.89 of 1990 under the provisions of Andhra Pradesh (Andhra Area) Tenancy Act, hereinafter referred to as "the Tenancy Act" against the orders of eviction passed by the Primary Tribunal in A.T.C. No.24 of 1984 on the file of Special Officer (Principal District Munsif), Kovvur. During pendency of the appeal, sole respondent-landlord died. After making an enquiry, he came to know that the respondents herein are his legal representatives, but are residing at different places, so he could not get their complete addresses and particulars, as a result of which said delay occurred, which is purely accidental and unintentional.