ASHRAF UNNISA Vs. K LAKSHMIAH DIED

JUDGEMENT

(1.) The petitioners in both the revisions are the landholders and the respondents are the heirs of Kotla Laxmaiah, a Protected Tenant claiming permanent tenancy through him.

(2.) The revision petitioners and two others by name Abdul Hameed and Abdul Wajid filed an application under Section 28 (2) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for brevity 'the Act') before the Tahsildar, Ibrahimpatnam on 30-12-1972 bearing file No.C3/557/73 for recovery of arrears of rent against the protected tenant Kotla Laxmaiah for the years 1969 to 1972 in respect of Survey Nos.19, 26, 27, 28, 29, 31/A, 32, 37, 38, 39,40, 67,73 and 74 situated in Manchal village. They filed another petition on 12-12-1974 before the Tahsildar under Section 19(2) (a) (i) of the Act for eviction of the protected tenant bearing file No.C3/558/73. Subsequently, on 30-12-1974 they filed another petition along with a statement of arrears of rent requesting for handing over possession of the lands as the tenancy rights of the protected tenant have been terminated. The extent of the land covered by the above Survey Numbers is Ac.66.9 guntas, which was previously held by one Smt. Fathima Begum, wife of Mir Khasim as a pattedar. On her expiry, the lands were mutated in the name of the petitioners in the year 1970-71, and they are the landholders.

(3.) As per the Protected Tenancy Register Sri Kotla Laxmaiah was the protected tenant. The petitioners contended that the tenant failed to pay the rent for the above lands at the rate of 96 munds of paddy and Rs.220/- per acre from 1969 to 1972. Hence, the petition for recovery of rent.