K VEERA RAJU Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This Appeal at the instance of the tenants, arises under the Andhra Tenancy Act. The eviction petition was filed under Sec. 13 of the A.P. Tenancy Act on the ground cf default in the payment of rent prrears of Rs 5/- for the year 1970-71. The amount of rent payable is Rs.2,700/- by 15 persons who tooken lease Acres 21-51 cents and the amount is pavable by 15th January every year. The tenants paid R.2697/- within the stipulated time and Rs.25/- on 26-2-1971 i e. 11 days after the expiry of qrace penod and 0.16 paise on 26-3-1971 and the balance of Rs. 5/- on 19-11-1971 subsequent to the filirg of the eviction petition. The plea of the tenants is that there was a practice to receive the rent after due date and the sum of Rs 5/- might form part of the interest that is usually collected by the landiord in the event of delay and in any event the failure to pay the sum of Rs 5/- is due to inadvertent mistake in calculation. The Deputy Tahsildar, found that the lardlord was accepting payment even after dup dates. and on account of some mistake, the amount that was paid fell short of Rs.5/- only and taking the totality of circumstances into consideration dismissed the eviction petition. On Appeal the Revenue Divisional Officer held that Sec.13 (a) of the Act is mandatory though the default is in respect of Rs.5/- only and reversed the order of the Tahsildar.

(2.) Aggrieved by the order of the Revenue Divisional Officer, the tenants filed the Writ Petition. The learned single judge confirmed the view taken by the Revenue Divisional Officer on the ground that the default pertains to the sum of Rs 30/- and eventhough the default amount is small the language of Sec.13(a) is mandatory.

(3.) At the out set it is necessary to clear the factual aspect. It is evident from the order of the primary authority the eviction petition is founded upon the default of Rs.5/- only. The lower appellate court also proceeded upon the basis of default of Rs.5/- only though there was a reference to the dates of payments to complete the factual picture. However the learned single judge proceeded upon the footing that the defaulted amount is Rs.30/- and this appears to be incorrect as admittedly the eviction petition is based upon the default of Rs.5/- only. In any event there can be default in respect of Rs.25/- which was paid before the filing of the eviction petition. The full Bench of this court in A. Abbayi Vs. R. Choultry (1) A.I.R. 1974 A.P. '139 while construing the ambit of expression "has failed to pay "in Sec.13(a) of the Act hold as follows: