GUMMA RAMCHANDRAIAH Vs. AKILI VENKATA MURALIKRISHNA

JUDGEMENT

(1.) Cultivating tenants of an agricultural land filed this civil revision petition under Article 227 of the Constitution of India assailing the judgment dtd. 12/10/2009 of the learned I Additional District Judge, Nellore in C.M.A.No.10 of 2005, confirming the order dtd. 17/1/2005 of the learned Special Officer-cum-Principal Junior Civil Judge, Nellore in A.T.C.No.4 of 2000.

(2.) Respondent herein is the landlord. Sri P.Rajasekhar, the learned counsel representing Sri M.Balanaga Srinivas, the learned counsel for the revision petitioners submitted arguments. Despite the notice being served, none entered appearance for respondent.

(3.) The necessary material facts may be briefly stated here. Ac.5.15 cents of agricultural land in Survey No.1060/2 in Sarvepalli Bit-III in Tatiparthipalem Village, Venkatachalam Mandal, Nellore District of Andhra Pradesh is the subject matter of controversy. Sri Akili Chenchu Venkata Lakshmi Narasimha Rao was the absolute owner of this property. About that there has never been any dispute. He died on 3/11/1989 survived by his wife Varalakshamma and an adopted son Sri Akili Venkata Murali Krishna. They allegedly succeeded the property. Smt. Varalakshamma executed a Will dtd. 6/2/1998 in favour of her adopted her. She died on 3/6/1999. The adopted son Sri Akili Venkata Murali Krishna filed A.T.C.No.4 of 2000 initially as against respondent No.1- G.Ramachandraiah stating that since 1985 Sri G.Ramachandraiah has been a tenant of the above referred property and it was an oral tenancy entered into between Sri G.Ramachandraiah and the original owner Sri Akili Chenchu Venkata Lakshmi Narasimha Rao. On the death of the original owner, his successors, namely, his wife and adopted son were there and with them the tenant entered into a fresh lease and it was also an oral lease. During the time of the original owner as well as during the time of subsequent lease the tenant was paying maktha as agreed upon. However, after the death of Smt. Varalakshamma the tenant failed to pay the rents. Notices issued remained unanswered. Therefore, in terms of Ss. 12, 13 and 16 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, Sri Akili Venkata Murali Krishna sought for eviction of the tenants. During the pendency of A.T.C.No.4 of 2000 respondent No.2-Sri A.Ramanaiah was impleaded and thereafter three more respondents were brought on record. Respondent Nos.3, 4 and 5 were the very brothers of the first respondent - Sri G.Ramachandraiah. In the petition for eviction an additional plea was also taken up by the landlord stating that the respondents have been damaging the schedule mentioned property as they were shifting the soil from the land. It was also pleaded that in violation of the terms of tenancy the original tenant sublet the property in favour of respondent Nos.3 to 5.