PANNALA SURYANARAYANA MURTHY Vs. MADDUKURI SYBBANNA

JUDGEMENT

(1.) The matter arises under the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, hereinafter called 'the Act'. The writ petitioners are tenants under the appellant landlord with respect to Ac. 5-25 cents of Kovvur village of West Godavari district. On the ground that the tenants defaulted in paying rents by 14-1-1970, the landlord obtained orders of eviction of the tenants from the court of the, Tahsildar, Kovvur. This order of the Tahsildar was upheld by the appellate authority against which the tenants have filed a writ petition which was allowed by our learned brother Sheth, J. It is this order of Sheth, J. which is the subject matter of the present Writ Appeal,

(2.) The case of the landlord who seeks to determine the century old tenancy and evict his tenants is that the tenants failed to pay rent for the land for the year 1969-70 by Makara Sankranti (14-1-1970) which is the date orally agreed to between the parties. The tenants admit that they paid part of the rent in April 1970 and that the balance they deposited into court; but they pleaded that the end of the agricultural year is the date by which the rent falls due and not the Makara Sankranthi.

(3.) The land in question has been under the occupation of the present tenants or their predecessors in title for well over a hundred years. There is no written lease. After the commencement of the Act, the tenants are continuing to be governed by the terms of the Act.