VASI KRISHNA MURTHY Vs. LAKSHMIPATHI VARI DEVASTHANAM

JUDGEMENT

(1.) The Petitioners filed ATC No.15 of 1991, before the Tenancy Tribunal-cum-District Munsif, Avanigadda (for short "the Tribunal"), under Section 16 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short "the Tenancy Act"), for a declaration that they are the cultivating tenants, in respect of Ac.21 -60 cents of land, belonging to the first respondent Devasthanam. They pleaded that they have been inducted into the land, as tenants, by the then Chairman of the Devasthanam, and subsequently, the second respondent granted tenancy rights, during his tenure. It was their case that they have been paying the rent of 325 bags, per year, to the Chairman and he, in turn, used to remit the rent amount to the Executive Officer of Devasthanam. They complained that even while the tenancy was subsisting, the first respondent sought to auction the leasehold rights, in respect of the lands.

(2.) The second respondent is the Chairman of the Trust Board at the relevant point of time and the third respondent is the member of the founder family. Respondents 2 and 3 remained ex parte in the proceedings. The Devasthanam pleaded that there never existed any relationship of tenant and landlord, between the petitioners and itself.

(3.) Through its order, dated 31-10-1996, the Tribunal dismissed the ATC, holding that the petitioners were never the tenants of the Devasthanam. Aggrieved thereby, the petitioners filed C.M.A.No.94 of 1996, before the Court of District Judge, Krishna at Machilipatnam. The lower appellate court dismissed the appeal on 29-4-2005. Hence this revision under Article 227 of the Constitution of India.