K.C. GAJAPATI NARAYAN DEO Vs. YEDDLA APPALASWAMY

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution for quashing an order of the Additional District Collector, Ganjam, dated 1 -10 -1959, passed by him in exercise of his revisional jurisdiction under Section 15 of the Orissa Tenants Relief Act.

(2.) IT is admitted that the opposite party is a 'tenant ' as defined in the aforesaid Act, the total area of land taken on tenancy being 2.86 acres. The findings of all the lower courts are that on about 2 cents out of the aforesaid area of 2.86 acres a brick kiln was raised by the tenant. The O.T.R. Collector and the appellate authority held that by thus raising a brick kilo on that portion of the total land the tenant was liable for eviction under Section 9(1) (e) of the Orissa Tenants Relief Act in as much as he had used that area for non -agricultural purposes. The revisional court however held that the raising of a brick kiln on such a negligible portion of the total area would not be itself suffice to justify the finding that the land was used for non -agricultural purpose. Hence he set aside the order of the lower revenue authorities and directed that the tenant should be allowed to remain on the land.