VODDEVOLU VENKAIAH Vs. NARAYANAM VENKATA SESHACHARYULU

JUDGEMENT

(1.) This Revision Petition is filed under Article 227 of the Constitution of India by the tenant in respect of Ac.13.12 cents of agricultural land at Mallavarappadu Village, Tangutur Mandal, Prakasam District. The original landlord, one Mr. Narayanam Venkata Seshacharyulu, died so, much so, some of his legal representatives also died.

(2.) Respondents 1 and 2 filed A.T.C.No.46 of 1990 before the Special Officer For Tenancy Cases, Ongole for eviction of the petitioner from the land, on the ground that the petitioner committed default in payment of the rent for the year 1988-89. The respondent pleaded that the rent per annum up to the year 1970 was Rs.2,400/- and it was enhanced to Rs.2,700/- by 1974 and with the agreed enhancements, it became Rs.3,500/- for the year 1988-89. They alleged that the petitioner did not pay the rent, in spite of several demands and sought for eviction.

(3.) The petitioner resisted the claim by contending that the agreed rent payable for the entire land was only Rs. 1,300/- per annum but not Rs.3,500/-, as claimed. The Tribunal found that there was default on the part of the petitioner and directed his eviction through its order, dated 22-9-1992. Aggrieved thereby, the petitioner preferred A.T.A.No.50 of 1992 before the District Judge, Ongole. The appeal was rejected through judgment, dated 3-9-1997.