BASAVAIAH G Vs. L KAMALA DEVI

JUDGEMENT

(1.) These revisions are filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India against the decrees and common judgment dated 5-8-1996 passed in A.T.A.Nos. 105 and 102 of 1991 respectively on the file of the Tenancy Appellate Tribunal (Principal District Judge), Guntur.

(2.) Revision Petitioners are tenants, against whom the respondent-landlady filed a petition under Section 13 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, seeking their eviction from the petition schedule land and for redelivery of the said land to her. It is her case that she is the owner of the petition schedule lands and that one late Trivikrama Rao, who is her husband's brother, used to manage the said lands on her behalf. Late Trivikrama Rao let out the schedule lands to the petitioners-tenants, along with his lands at an annual rent of 65 bags of paddy. The total extent of land leased out to the revision petitioners is Ac. 5.45 cents of wet land and Ac. 1.48 cents of dry land. Out of the said total extent, the petitioner has got Ac. 2.62 cents of wet land and Ac. 1.42 cents of dry land, as shown in the petition schedule. Rest of the land belongs to late Trivikrama Rao. The revision petitioners cultivated the lands for the year 1971-72 and the maktha payable by them for that year is 38 bags of paddy (which is the share of the landlady). But, the revision petitioners failed to pay the said maktha. It is the case of the landlady that the tenants did not pay maktha to her even for the previous year also i.e., 1970-71. Trivikrama Rao died in the month of May, 1971. Thereupon, the landlady got issued a legal notice to the tenants calling upon them to pay the maktha for those two years. Reply notices were sent by them. Thereafter, the present petition for eviction was filed.

(3.) The 1st respondent filed his counter disputing the tenancy between himself and the landlady. According to him, they have taken the leasehold rights of the lands in question from late Trivikrama Rao on 14-5-1969 for a period of 10 years. Since then, they have been paying maktha regularly and obtaining receipts also. According to them, the annual rent is 40 bags of paddy. While so, they effected repairs to the entire extent of Ac. 5.50 cents of land on the directions of late Trivikrama Rao by spending an amount of Rs.800/- and that late Trivikrama Rao also agreed to adjust the same in the maktha payable for the year 1971-72. Accordingly, the 1st respondent paid the balance amount, after deducting the amount spent towards repairs, to the advocate of the sons of late Trivikrama Rao. But, Trivikrama Rao refused to receive the balance amount and pass a receipt. It is, therefore, contended that they are not in arrears of rent to the respondent-landlady.