PENDYALA SUDHA RANI Vs. BASAVA JANAKIRAMAYYA

JUDGEMENT

(1.) Both the revisions are filed by the same petitioner and against the same respondent. Hence, they are disposed of through a common order. For the sake of convenience, the parties are referred to, as arrayed in CRP No.1458 of 2006.

(2.) The father of the petitioner, by name, Ram Mohan Rao, owned Acs.3.50 cents of land in Penumalla Village of East- Godavari District. Out of that, he is said to have gifted an extent of 66 cents under a document dated 17.10.1989, and sold 84 cents, under a sale deed dated 23.10.1989, in favour of the petitioner. The respondent was said to be the tenant over the said Ac. 1.50 cents of land, ever since 1985, and the tenancy was attorned to the petitioner, in the year 1989.

(3.) The respondent filed ATC No.2 of 1995 before the Special Officer-cum-Principal Junior Civil Judge, Kakinada, against the petitioner and two others, for a declaration, that he is a cultivating tenant, in respect of the land, and for enforcement of his rights of pre-emptive purchase, in the event of the land being sold. The petitioner, in turn, filed ATC No.5 of 1996, in the same forum, for eviction of the respondent. She pleaded that the maktha was 39 bags of paddy per year, and the respondent committed default in payment of maktha for the years 1992-93, 1993-94 and 1994-95. Both the cases were tried together and through common order dated 23.7.2001, the trial Court allowed the ATC No.2 of 1995 and dismissed ATC No.5 of 1996. The petitioner filed ATA Nos.40 and 44 of 2001, respectively, before the Appellate Authority-cum-III Additional District Judge, Kakinada, against the said orders. The appeals were dismissed through a common order dated 14.9.2005. CRP No. 1065 of 2006 arises out of ATC No.2 of 1995, and CRP No. 1458 of 2006, out of ATC No.5 of 1996.