SOMESWARA JANARDHANA SWAMI TEMPLE Vs. TREERAMAMURTHY

JUDGEMENT

(1.) The petitioner Devasthanam is the landlord. Respondents 1 to 3 were the highest bidders of the lease hold rights of Ac, 14-54 cents situated in Gunupudi Bhimavaram Taluk of West Godavari for a maktha of 240 bags. Thereafter they laid an application under section 6 of the Andhra Pradesh (Andhra Area) Tenancy Act (XVIII of 1956), for short, "the Act", for fixation of fair rent. After adduction of evidence and consideration thereof the Tahsildar determined 86 bags for single crop and 154 bags if there is any second crop. That order was confirmed on appeal. Assailing the legality thereof, the present writ petition has been filed.

(2.) The petitioner assails the determination of the fair rent on two fold contentions. Firstly, it is contended that once the respondentstenants became the highest bidders in a public auction conducted by the petitioner the rent fetched at the auction, would be the agreed rent within the meaning of section 4 of the Act. Therefore the tenants are not entitled to file the application under sec. 6 of the Act, for determining the fair rent. Alternatively it is contended that if it is held that the tenants are entitled to the remedy under Sec. 6 the criteria mentioned in Sub-section (2) thereof shall be taken into consideration but in this case the average yield as per the Adangals lone was taken into account to fix the fair rent. That was confirmed by the appellate authority. That consideration de hors the statute. Therefore the determination of fair rent is illegal warranting interference. The first question therefore is, whether the highest bidder in an auction is entitled to the remedy under Section 6 of the Act ?

(3.) Section 3 prescribes maximum rent payable by the cultivating tenants. "Cultivating Tenant" has been defined in section 2 (C) to mean a person who cultivates by his own labour or by that of any other member of his family or by hired labour under his supervision and control any land belonging to another under a tenancy agreement express or implied but does not include a mere intermediary. Since the respondents participated in the bid and became the highest bidders undoubtedly they are the cultivating tenants under Sec. 2 (c). As already stated Sec. 3 prescribes the maximum rent payable by the cultivating tenants and sub-sec. (I) thereof reads thus :