LAWS(APH)-2009-2-17

BODAPATI RAMANAMMA Vs. CHILLA HANUMANTHA RAO

Decided On February 16, 2009
BODAPATI RAMANAMMA Appellant
V/S
CHILLA HANUMANTHA RAO Respondents

JUDGEMENT

(1.) THESE two revisions preferred under Article 227 of the Constitution present an identical issue for consideration and are thus therefore considered and disposed of by this common order.

(2.) THESE revisions are directed against the two orders dated 28-02-2008 of the Court of the District Judge, Ongole in ATA Nos. 3 and 4 of 2007 confirming the orders of the Special Officer, Tenancy Tribunal-cum- Principal Junior Civil Judge, Ongole ('the Tribunal') dated 23-01-2007 in ATC Nos. 5 and 6 of 2004.

(3.) THE respondent claimed before the Tribunal that he is the absolute owner of the plaint schedule property; Bodapati Yellaiah (ATCNo. 5/04) was the original tenant; and Bodapati Venkatesralu was the original tenant (in ATC No. 6/04); after the death of the original tenant no one exercised option to continue as a tenant in the place of the original tenant as his legal heir; the respondent was unlawfully continuing in the schedule property without his consent and also failed to pay the rents. It was also pleaded that he retired from service as an Agricultural Scientist and required the property for his personal cultivation.