HAYAT BEGUM Vs. KHADAR SHARIF

JUDGEMENT

(1.) THE petitioners filed ATC no. 5 of 1991 before the Special Officer, under the A. P. (Andhra Area) Tenancy act (for short 'the Act')-cum-Principal Junior civil Judge, West-Godavari, at Eluru, against the respondents for the relief of eviction from agricultural land. Through its order dated 30. 10. 2003, the trial Court allowed the a. T. C. The respondents filed ATA No. 52 of 2003 before the Tenancy Appellate tribunal-cum-District Judge (for short 'the tribunal'), West-Godavari at Eluru. The tribunal allowed the appeal on 24. 1. 2005. Hence, this CRP.

(2.) LEARNED Counsel for the petitioners submits that the Tribunal was mostly guided by the fact, that the respondents herein filed OS No. 959 of 2004 in the Court of I Additional Junior Civil Judge, Eluru, for declaration of title; and strictly speaking, that factor ought to have been the basis, to dismiss their appeal. He contends that the trial Court was satisfied, that the respondents committed default in payment of rent, and even the respondents did not deny the same in their appeal.

(3.) LEARNED Counsel for the respondents, on the other hand, submits that the petitioners failed to prove the tenancy between themselves and the respondents, and that the Tribunal took the same into account. He contends that when there was no tenancy between the respondents and the appellants, the question of wilful default does not arise.