RAGHAVAIAH Vs. RAJAGOPALASWAMY TEMPLE

JUDGEMENT

(1.) W.P. No. 9779 of 1981 : 5. Kamili Raghaviah is a tenant of Act. 3-95 cents of land situate in R.S. No. 12 of Kalaparru village is West Godavari District. Sri Raja Gopalaswamy temple at Kalaparru villageis the land-holder. On September 5, 1976 the temple filed an application in that it was alleged the tenant agreed under a lease deed to pay 18 bags of paddy as rent by end of January every year but paid five bags of paddy in 1380 Fasli, 3 bags of paddy in 1381 Fasli, 5 bags of paddy in 1382 Fasli, 13 bags of paddy in 1383 Fasli and 18 bags of paddy for 1385 Fasli. For all the failings and defaults of the tenant in the fasli years, he was served invain notices on April 17 and on September 2, 1976 to pay. The tenant, therefore, be evicted.

(2.) The tenant averred in counter the Executive offieer of the temple was satisfied of lailure of crops when less than the agreed lease paddy was paid and permitted him to pay the balance of paddy in succeeding years. The tenant further averred to have spent Rs. 5,000/- towards improvement of land by his labour. He did not commit any acts of waste. He was not a negligent cultivator. He accepted original lease was for six years. In March 1976 a fresh deed was executed to continue from June 30, 1976.

(3.) After an enquiry in which 3 witnesses were examined by the tenant, four witnesses were examined by the land-holder the tenant was ordered to be evicted. On appeal, the District. Judge held there was no application made by the tenant under Section 8 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 for remission of rent, therefore, the order of eviction was confirmed.