C K POUNAMMA Vs. K CHINNASWAMI

JUDGEMENT

(1.) THIS civil revision petition has been preferred by the petitioners in a. T. C. No. 2 of 1982 on the file of the principal District Munsif-cum-Special Officer, chittoor under Section 13 of the Andhra pradesh (Andhra Area) Tenancy Act, 1956 (for short 'the Act') for termination of the tenancy arising out of the lease agreement dated 11. 3. 1976 and for eviction of the respondent from the petition schedule land and put the petitioners in possession of the same. The Special Officer after considering the entire oral and documentary evidence dismissed the application by refusing to grant the relief in favour of the petitioners, through the order dated 31. 8. 1996. Being aggrieved by the same, the petitioners preferred A. T. A. No. 1 of 1998 before the district Judge, Chittoor (hereinafter called as 'the appellate Tribunal') and the appellate tribunal after considering the material available on record dismissed the appeal confirming the order of the Special Officer, through the judgment, dated 29. 8. 2003. Being aggrieved by the same, the petitioners preferred the present civil revision petition challenging the orders of the Tribunals below.

(2.) THE averments made by the petitioners in the eviction petition are briefly as follows:

(3.) THE respondent resisted the application by making the following conditions in the counter-affidavit filed by him. The respondent is the tenant in perpetuity. The respondent has been paying rent regularly and did not commit any wilful default. The respondent offered rent payable for the period 1982-83 to the first petitioner in the month of March 1982. She promised to take the rent after consulting her advocate. The respondent waited for sometime and found that no reply is forthcoming from her and he was constrained to deposit the rent into the Court. Therefore, there is no wilful default committed by the respondent in payment of the rent. The respondent is in lawful possession and enjoyment of the land in question. Therefore, the petition is liable to be dismissed.