INDRAKANTI RAMA SASTRI Vs. VENTURI RAGHAVAIAH AND OTHERS
HIGH COURT OF ANDHRA PRADESH
Indrakanti Rama Sastri
Venturi Raghavaiah And Others
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MANOHAR PERSHAD,J. -
(1.) This is an application under Article 226 of the Constitution of India to quash the order of the Revenue Divisional Officer, Rajahmundry in T.A. No. 17 of 1960.
(2.) The petitioner herein is the landlord and the respondent is his tenant having taken the land on lease under Ex. P-1 dated 14-1-1957. Under the terms of the lease the respondent had to pay a rental of 17 kata bags by 15-1-1960, but he paid only 16 kata bags. As the respondent committed default in payment of rent, the petitioner filed an eviction petition before the Deputy Tahsildar, Ramachandrapuram in O.P. 24 of 1960 for his eviction The respondent admitted the default of rent, but set up an agreement alleging that the petitioner agreed to receive the arrear of rent in the year 1961. The petitioner denied that their was any such agreement. The Tahsildar after making the necessary enquiries ordered eviction. The respondent preferred an appeal to the Revenue Divisional Officer, who set aside the order of the Tahsildar and dismissed the petition for eviction. It is this order of the Revenue Divisional Officer that is now challenged in this writ petition.
(3.) In his petition, it is contended by the petitioner that the Revenue Divisional Officer has erred in coming to the conclusion that the agreement alleged by the respondent-tenant was proved, when the evidence on record does not lead to that conclusion. Assuming, the learned counsel urged, that the agreement alleged by the respondent-tenant was true, such an agreement was illegal, having regard to the provisions of the Andhra Tenancy Act.;
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