DHANYAMRAJU JAGANNADHA RAO Vs. THUMMALA SURYAKRISHNA MURTHY

JUDGEMENT

(1.) The petitioners have challenged the order passed in A.T.A.No.123 of 1987 confirming the order in A.T.C.No.2 of 1981 under the provisions of A.P. (A.A.) Tenancy Act, 1956.

(2.) There is no dispute that petitioners are the landlords of the land which is leased out under the provisions of the Act to the Respondents 1 and 2. The respondents' tenancy was sought to be terminated on the ground that Section 13 of the Act was not complied with by them inasmuch as they failed to pay the rent for the year 1979-80 within the time stipulated under the provisions of the Act. The petitioners submit that the rent of the schedule land was in the shape of 137.5 bags of paddy to be delivered by Makara Sankranthi of every year i.e., before 15th of January of each year. The respondents in the instant case did not pay the rental for the year 1979-80 within the stipulated period and hence they were liable to be evicted.

(3.) The primary authority as well as the appellate authority considered the evidence led by both the parties and held that the petitioners and produced documents which were unilateral in nature to show that the rent was to be paid on or before 15th of day of each year. These documents were not relied upon by the authorities and the authorities accepted the contention of the respondents that there was no due date for paying the rental and the authorities further held that the rent was not payable merely in the shape of crop but it was to be paid partly by supply of crop and partly in cash.