VALICKATI VENKATARATHAM Vs. RAMALINGESWARA SWAMY DEVASTHANAM PALANGI

JUDGEMENT

(1.) In this writ petition the petitioner challenges the order dated 27th June, 1975, of the Revenue Divisional Officer, Kowur, in T.A.P. NO. 1 of 1975 modifying the order of the Tenancy Tahsildar, Tanuku, in T.A.No 18 of 1970 fixing the fair rent under section 6 of the A.P. Tenancy Act, 1956 at Rs. ?,700 peryear. The relevant facts are as follows :

(2.) The petitioner herein had taken op lease an extent of Ac. 2-65 cents of R.S. NO. 65 of Palangi Village, from the respondents. It appears that the lease hold rights of the said lands were put to public auction on 4th June, 1969 for a period of 6 years from Fasli 1379 to 1384 and the petitioner became the highest bidder for Rs. 3,700 perannum. Thereafter the petitioner entered into lease agreement with the respondent. Subsequently he filed an application under section 6 of the Andhra Pradesh Tenancy Act for fixation of fair rent. In the petition it was stated that the land was dry and not suitable for irrigation, that it is not fertile land and that therefore fair rent may be fixed at Rs. 1,100.

(3.) The respondent contested the petition stating that the land is fertile giving an yield at the rate of 30 bags of paddy or 50 tons of sugarcane per acre and the rent for which the petitioner bid is fair rent. Three witnesses were examined on behalf of the petitioner including himself and four witnesses for the respondent, and some documents were filed on behalf of the respondent. The tenancy Tahsildar observed that the petitioner did not furnish any reliable data in support of his case and that as could be seen from the evidence of the witnesses the common version as to the rate of makta prevailing in the locality is 14 to 16 bags of paddy or 14 tons of sugarcane per acre. But according to R.W. 1 the yield of paddy crop in the land was 18 to 20 bags peracre besides 4 bags of gingelly per acre in a year. On the basis of the 283/4 per cent of the gross produce of paddy (According to section 3 (i) (6) of the Tenancy Act) 45 percent of the gross produce of Gingelly crop (According to section 3 (ii) of the Act,) Cost of Gingelly bag is estimated at Rs.150 (while that of paddy at Rs. 40 per bag). Accordingly the Tahsildar fixed the fair rent at 12 bags of paddy per acre per year. With regard to the sugarcane crop however the Tahsildar fixed that Rs 3,700 per annum would be the fair rent for the years during which sugarcane crop was grown.