PANTHAGADA SURYARAO S O NAGANNA Vs. KESAVASWAMYVARI DEVASTHANAM

JUDGEMENT

(1.) THIS is another case, which demonstrates the vulnerability of the properties held by religious institutions in the State. Hitherto, we came across cases, where a tenant, whose lease had expired, refused to vacate the land and insisted that the procedure prescribed under Section 83 of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short "the Act"), be adopted to resume possession of the land. In this case, the person, who on his own showing was inducted as a sub-tenant, by alleged lessee of the land held by sri Kesavaswamyvari Devasthanam, Thallarevu, the first respondent herein, seeks protection under Section 83 of the Act.

(2.) A fairly large extent of land held by the Devasthanam is said to have been leased to one Chilukuri Visweshwararao. Out of that, the petitioner is said to have been granted sub-lease for an extent of Acs. 5. 00 of land in survey No. 410 of Polamurupadu Village of Kajuluru Mandal, east Godavari District, in the year 1995. Section 82 of Act 30 of 1987 brought about statutory termination of leases over agricultural lands held by religious institutions.

(3.) THE petitioner, on the one hand, claims the rights of a tenant and even has filed an application for being recognized as landless poor for availing the benefit under sub-section (2) of Section 82 of the Act; and on the other hand, opposes the action of the respondents in trying to resume the land by pleading that he is not a tenant and answers the description of encroacher. He complains that the respondents are trying to resume the land, without having recourse to the procedure prescribed under Section 83 of the Act.