KOTHAPALLE HAZARATHAIAH Vs. NALISETTY VENKATA NARASIAH

JUDGEMENT

(1.) These two revisions are filed against a common judgment dated 26-9-2000, rendered by the learned District Judge, Nellore, in C.M.A. Nos.26 and 37 of 1995. Theappeals in turn were directed, against two separate orders, dated 24-4-1995, passed by the District Munsif, Atmakur, in A.T.C. Nos.1 and 2 of 1989. The proceedings arose under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, for short "the Act". The petitioners are the landlords and the respondent is the tenant, in respect of Ac. 13-00 of dry land in Sy. No.802 of Atmakur village and Mandal, Nellore District.

(2.) One Mr. Sreekanthaiah was the owner of the land, referred to above. The petitioners herein purchased the same, through sale deed dated 7-7-1977. The respondent filed O.S. No.197 of 1977, in the Court of District Munsif, Atmakur, against the petitioners herein, forthe relief of perpetual injunction, in respect of the suit property. On realizing that the suit was not maintainable in respect of lands covered by the Act, the respondent got it dismissed as not pressed, and filed ATC No.10 of 1980, in the same court. An order, dated 11-10-1988 was passedin A.T.C. No.10 of 1980, granting perpetual injunction against the petitioners, and they were directed not to dispossess the respondent, except by following the procedure prescribed by law.

(3.) Respondent filed A.T.C. No.1 of 1989, with a prayer to declare the sale deed dated 7-7-1977, executed in favour of the petitioners herein, as null and void, and contrary to Section 15 of the Act. According to him, the land was undercultivation by their family from the year 1936, and that the tenancy is governed by the provisions of the Act It was pleaded Section 15 of the Act confers a preemptive right to purchase, in favour of the tenant, and in that view of the matter, the sale of the land in favour of the petitioners, was hit by Section 15 of the Act