VISWESWARA SWAMIVARI DEVASTHANAM AT ALAMURU TAOUKU Vs. REVENUE DIVISIONAL OFFICER KOVVUR WEST GODAVARI DISTRICT

JUDGEMENT

(1.) Sri Medapati Dharma Reddi, the respondent in this petition has taken the land of the petitioner on lease. On the ground that there was a cyclone on 7-11-1969 and there was failure of the entire crop in the land, he filed a petition on 17-11-1969. before the Deputy Tahsildar under Sec. 8 of the ANDHRA PRADESH (ANDHRA AREA) TENANCY ACT, 1956, 1956 (hereinafter called 'the Act') for remission of rent. The Deputy Tahsildar dismissed the said petition holding that there was no clear interval of 15 days between the date of service of notice on the landlord and the harvesting of W. P. No. 5689 of 1975 Dt. 8-6-1977 the crop and thus there was violation of the provisions of Sec. 8 of the Act Even otherwise he held that there was no evidence to show that the crop was lost due to the cyclone.

(2.) Against that order, the tenant carried the matter in appeal to the Revenue Divisional Officer, Kovvur. The latter allowed the appeal by granting full remission of rent. He held that there was loss of crop due to the cyclone on 7-11-1969. He also fund that a copy of the tenancy petition was duly served OQ the petitioner on 14-11-1969. He further held that the harvesting of the crop was done on 6-12-1969. In the light of these facts, he found that there was a clear interval of iS days between the date of serviee of notice on the landlord and the date of the harvesting of the crop and therefore the requirements of Sec. 8 of the Act were satisfied. Questioning his order, the landlord has filed this writ petition.

(3.) It is argued by the learned counsel for the petitioner that under Sec.8 of the Act read with rule 9, a copy of the petition should be served upon the landlord after the petition is filed in the court and secondly, there should be an interval of 15 days between the service of such petition and the harvesting of the crop. He also tried to canvass the correctness of the findings of fact of the Revenue Divisional Officer.