G SRIRAMAMURTHY Vs. M NARASAIAH

JUDGEMENT

(1.) This writ petition is filed to quash the order of the District Judge-cum-Appellate Tribunal under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 and the Rules at Srikakulam in LA. No.36 of 1989 in A.T.A. No.4 of 1989.

(2.) The facts of the case are that the petitioner is the land-lord and the first respondent is the tenant. The petitioner filed A.T.C. No.14 of 1983 for eviction of the first respondent from the petition schedule lands before the Special Officer. The Special Officer allowed the petition directing eviction of the first respondent giving two months time and on 12-4-1989 the possession was delivered to the petitioner. The first respondent filed appeal along with a petition to condone the delay of three days in filing the appeal before the second respondent. The petitioner raised objection as to the maintainability of the petition under Sec.5 of the Limitation Act. The second respondent-District Judge holding that the appellate authority under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, hereinafter referred to as 'the Act', is a Court, entertained the appeal after condoning the delay. The District Judge held on merits that there was sufficient ground to condone the delay and allowed the petition. Against the said order, the present writ petition is filed.

(3.) The writ petition was heard by a learned Single Judge. The learned Single Judge referred the matter to a Division Bench in view of the conflicting decisions. That is how the matter came up before us.