KARUMURI VENKATA RAMANATHAM Vs. DEVALLA VENKATARATNAM

JUDGEMENT

(1.) This is a Civil Revision Petition under Article 227 of the Constitution of India seeking to revise an order of the Special Deputy Tahsildar (Tenancy), Narasapur.

(2.) The facts which have led up to this revision may be briefly stated. The petitioners are the landlords of a holding which is of an extent of acres 4-34 cents, situated in the village of Penumadam in Narasapur Taluk of the District of West Godavari. The respondent claims to be their tenant under a registered lease deed executed on the 25th of April, 1953, in favour of the petitioners' father. On the 9th March, 1956, the landlords gave the respondent a notice to quit. This was followed by a suit filed by the petitioner on the 13th April, 1956, which is numbered as O.S. No. 68 of 1956 on the file of the District Munsif's Court, Narasapur.

(3.) After the promulgation of the Andhra Ordinance I of 1956, the respondent filed an application under section 3 of the Ordinance for the fixation of fair rent. That application was resisted by the petitioners on various grounds. Firstly, they alleged that after the expiry of the registered lease, there was no subsisting tenancy and the Andhra Tenancy Act, 1956, would not, therefore, apply to the case. They also contended that in any view, since the civil Court was seized of the matter, the present application was competent and unsustainable. The Deputy Tahsildar held that the case of the respondent was covered by section 3 (ii) of the Ordinance and that, therefore, the notice to quit or filing of the suit would not make any difference to the position of the tenant and that there was a prima facie case for enquiry. Against the said order of the Deputy Tahsildar, the petitioners filed Civil Revision Petition No. 652 of 1958. The judgment of Mr. Justice Seshachelapati is reported in Venkata Ramanadham v. Venkataratnam, (1959)1 An. W.R. 7. The learned Judge there held that :-