RAM PARVATHALAH Vs. L YELLAWA

JUDGEMENT

(1.) The revision petition is filed under Section 91 of A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act') against the order of the Joint Collector, Medak District at Sangareddy in Case No.C3/154/76, dated 9-3-1992 confirming the order of the Tahsildar, Siddipet in Case No.A5/3740/74 dated 17-4-1976, permitting the protected tenants to withdraw surrender petition filed under Section 19 of the Act. The landlord is the revision petitioner and respondents herein are the legal representatives of the original protected tenant by name I.Pochaiah s/o Yellaiah.

(2.) The facts that gi ve rise to this revision petition are that respondents Nos.1 and 2 who are sons of the protected tenant filed a petition under Section 19 of the Act on 21-2-1966 before the Tahsildar, Siddipet surrendering their rights of protected Tenancy on the lands bearing Survey Nos.1131, 1132 and 1133 admeasuring Ac. 12-27 guntas situated at Dubbak Village of Medak District. The Tahsildar recorded their sworn statements where they admitted that they voluntarily surrendered their rights out of their own free will. They were also represented by an Advocate. Thereafter they filed a petition on 3-3-1966 seeking to withdrew their surrender petition filed on 21-2-1966. The respondent No.3, who is the daughter of the protected Tenant, also filed a petition seeking sanction of succession in her favour to the extent of her share in the lands. The Tahsildar closed the case in default of appearance of the respondents herein on 14-10-1971. The respondent No.1 filed another petition seeking restoration of case on 4-11-1971 but the Tahsildar did not restore the same. Then they preferred an appeal to the District Revenue Officer at Sangareddy in Case No.C3/12/72 which was allowed and the matter was remanded to the Tahsildar, Siddipet for fresh enquiry and disposal. Thus, the Tahsildar, Siddipet reopened the case in fileNo.A5/3740/74 and after enquiry he allowed the petition filed by the respondents herein and ordered that the protected Tenant be continued on land and also granted succession under Section 40 of the Act in favour of the heirs of the deceased protected tenant. Aggrieved by the above order, the landlord preferred an appeal to the Joint Collector, Medak District at Sangareddy.

(3.) The learned Joint Collector has considered all the facts of the case and held that although the surrender petition has been filed, another petition for withdrawal of the same was also filed and that such withdrawal application is maintainable when no decision has been taken on the surrender application. Accordingly, the landlord's appeal has been dismissed observing that the landlord has no right to force the surrender. Hence this revision petition.