KUSUMANCHI VENKATARAJU Vs. BODDAPU POTHURAJU

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India to quash the order of the Revenue Divisional Officer, Narsapatnam, in A.T.A. No. 2 of 1958. The petitioner before me is the landlord of S. No. 178 of Penugollu village in Yellamanchili Taluk of Visakhapatnam district. It is not in dispute that the respondents are cultivating tenants within the meaning of section 2 (e) of Act XVIII of 1956 (Andhra). The petitioner filed an application under section 13 (a) of the Andhra Tenancy Act in the Court of the Tahsildar, Yellamanchili, for evicting the respondents on the ground that they had not paid the rent for the year Manmadha and Durmukhi. The landlord's case is that the tenants had executed a kadapa marked as Exhibit P-1 on 28th April, 1953 stipulating to pay the cist of Rs. 300 for the year Vijaya in two equal instalments of Rs. 150 in the month of Bhadrapadam and Rs. 150 in the month of Margasira, corresponding to September and December.

(2.) It was also agreed that the kadapa would expire on the 3Oth of Phalguna of Vijaya year. No subsequent kadapas have been executed. The tenants, however, continued to be in possession. In the absence of any evidence let in by the tenants that there was a stipulation to pay rent at dates different from the dates prescribed in Exhibit P-1, it must be considered that the tenants continued in possession on the same terms. It is not shown that the dates for payment in Exhibit P-i are not in accordance with local usage. The landlord had come forward with a petition for eviction on the ground that for the years Durmikhi and Manmada the rent was not paid. A claim has been put forward that the tenants had agreed to pay an enhanced rent of two annas in the rupee. That has been found against; and it is not persisted in before me.

(3.) The case of the cultivating tenants is that it is true that there was some arrear of Rs. 100 for the years 1955-56, but that under an oral arrangement between the landlord and themselves they were to cut and carry the sugarcane crop to the factory in which the landlord had some interest and from out of the proceeds of the sugarcane supplied to the factory the landlord should appropriate the rent due to him from the tenants and pay over to the tenants balance, if any. Under that arrangement, it is stated, that for the years 1956-57 Rs. 420 were realised by the landlord and adjusted towards the rents due including arrears. The landlord had given receipts to the tenants under R-i, R-2 and R-3 on gth July, 1957, roth July, 1957 and gth July, 1957, respectively for the years 1955-56 and 1956-57.