VALLURUPALLI JAGEDEESWARA RAO Vs. VYTLA SATYANARAYANA

JUDGEMENT

(1.) THE petitioner filed A. T. C. No. 5 of 1982 before the Special Officer (Andhra tenancy)-cum-Principal District Munsif, Tadepalligudem, under Section 16 (1) of the A. P. (Andhra Area) Tenancy Act (for short 'the Act'), with a prayer to declare that he is the cultivating tenant, in respect of about Acs. 9. 00 of land, mentioned in the schedule. He pleaded that the land was owned by one mr. Pattabhi Ramaiah, father of the 1st respondent, and he gave the same on lease, in the year 1974, on yearly rent of Rs. 900/-, per month.

(2.) IT was pleaded that the rents were being paid to Pattabhi Ramaiah regularly, till he died in 1978, and thereafter, his legal representatives, the respondents herein, not only refused to receive the rents, but also are trying to evict him, without taking recourse to law. The A. T. C. , was opposed by the respondents by filing counters.

(3.) EVEN while A. T. C. No. 5 of 1982 was pending, respondents 5 to 11 herein filed A. T. C. No. 14 of 1988 under Section 13 of the Act, against the petitioner, for his eviction from the land, and A. T. C. No. 15 of 1988 for determination of fair rent. The trial Court clubbed all the three cases. The matters were pending till 1996. Through common order, dated 08. 04. 1996, the trial Court dismissed A. T. C. No. 5 of 1982. So far as A. T. C. Nos. 14 and 15 of 1988 are concerned, it was observed that, since there did not exist any tenancy between the petitioner and the respondents, referable to the Act, they have to work out their remedies separately, particularly in the suit, being O. S. No. 39 of 1986, that was pending in the Court of Sub-ordinate Judge, Tanuku.