JADDU VEERASWAMI Vs. SUB COLLECTOR NARASAPUR W G

JUDGEMENT

(1.) This application by the petitioner, under Article 226 of the Constitution of India, gives rise to a short question of law, viz., whether the Tenancy Tahsildar is empowered under Section 16 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter called the Act) to grant declaration that a certain person is a cultivating tenant and is entitled to continue in possession of an agricultural land, and to restrain the rival party and the landlord from interfering with his possession.

(2.) In order to appreciate the scope of the question, it is necessary to briefly refer to the material facts leading to this application. The 3rd respondent, the wife and the 4th respondent, the son of late Peethala Venkanna, who were in possession of two items of wet land admeasuring Ac. 1-80 cents situate in Gumparru village, Narasapur taluk in the district of West Godavari, filed an application in the year 1968 before the Tenancy Tahsildar, Narsapur under Section 16 (1) of the Act for a declaration that they are the cultivating tenants in respect of the aforesaid two items of land and for an injunction restraining the writ petitioner herein, the respondents 5 and 6 the landlady and another, from Interfering with their possession and enjoyment. The basis for their claim is that Venkanna was the original cultivating tenant and after his death, they are the cultivating tenants who are entitled to continue to be in possession and enjoyment of the land in question on payment of the makta agreed upon in view of the provisions of the Act,

(3.) The writ petitioner contended that he was the cultivating tenant inducted into possession of the land by the landlady, the 5th respondent herein. The land lody supported the claim of the writ petitioner contending inter alia that respondents 3 and 4 herein have surrendered the land to her under Ex. B-l dated 19-4-1965 and thereafter the Writ petitioner was inducted into possession as a cultivating tenant. A plea relating to the jurisdiction of the Tenancy Tahsildar to go into the question was also raised as according to them, a part of the land in question is a coconut garden and hence it would come within the definition of orchard.