RAMA RAO Vs. LACHAPPA

JUDGEMENT

(1.) A common question arises in all those civil revision petitions filed under Section 91 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as the 'Act'). The landlord is the petitioner. The landlord filed a petition before the Tahsildar on 20-9-1978 under Section 28 (2) of the Act for recovery of arrears of rent. The petition was allowed by the Tahsildar on 27-2-1983. The arrears were directed to be deposited within 90 days. On the ground that the tenants have failed to deposit the rent within 90 days, the petitioner-landlord filed an application on 27-3-1984 for evicting the tenants from the land. This application was straightway allowed by the Tahsildar on 15-6-1984 without even issuing a notice to the tenants. The Tahsildar directed the Revenue Inspector to put the landlord in possession of the land. The petitioner says that he was accordingly put in poss ssion of the land on 23-7-1984.

(2.) Against the orders of the Tahsildar, dated 15-6-1984, the tenants filed appeals before the Joint Collector. Those Appeals have been allowed by the Joint Collector, Medak District under the impugned jndgment and order, dated 8-4-1986. The Joint Collector found that inasmuch as no notice was issued by the landlord under Section 19 of the Act, the tenants could not have been evicted in these proceeding". Having so held, he remanded the matter to the Mandal Revenue Officer, Sadasivpet for denovo enquiry in view of the fact that the relationship of landlord and tenant is not established by introducing necessary certificates and also because mandatory provisions also were not followed.

(3.) For a ptoper appreciation ot the question arising herein, it is necessary to refer to certain provisions of the Act. Section 19 of the Act provide for termination of tenants. Under sub-section (1) of Section 19 a tenancy can be terminated by mutual consent of the landlord and tenant in the manner prescribe . Sub-section (2) specifies the grounds upon which the landlord can terminate the tenancy by issuing a notice. Several grounds are mentioned in this sub-section viz., failure to pay the rent within the period prescribed, doing any act which is destructive or permanently injurious to the land, sub-division of land, sub-letting of land, and using the land for a purpose other than agriculture. The proviso to sub-section (2) of S. 19, however, says that any such termination can be effected only by giving six months notice in writing by the landholder. If the landlord wants to obtain possession of land by evicting the tenant, the remedy of the landlord is to apply to the Tahsildar under Section 32 of the Act for eviction of the tenant. After making the necessary enquiry, if the Tahsildar is satisfied that the ground of termination is correct and that the requirements 01 notice as contemplated by the proviso to Section 19 (2) is satisfied, he shall pass an order of eviction. Sub-section (1) of Section 28 of the Act, however, provides that where a tenancy is terminated by a landlord on the ground of non-payment of rent for a period less than three years, the Tahsildar shall first give an opportunity to the tenant to deposit the arrears of rent together with the costs of the proceeding within 90 days from the date of his order. If the tenant deposits the rent accordingly, the Tahsildar shall in lieu of making an order of ejectment, pass an order directing that the tenancy has not been terminated, and thereupon the tenancy shall continue as if it has not been terminated. Evidently Section 28 (1) of the Act corresponds to Section 114 of the Transfer of Property Act. Of course the power under Section 28 (1) of the Act cannot be exercised when the tenancy is terminated for failure to pay the rent for any three years or more.