GADIVADA DALEPPA Vs. YELLABILLI RAMULU
LAWS(APH)-1963-8-25
HIGH COURT OF ANDHRA PRADESH
Decided on August 30,1963

GADIVADA DALEPPA Appellant
VERSUS
YELLABILLI RAMULU Respondents

JUDGEMENT

Chandra Reddy, C.J. - (1.) The question that requires an answer in this Civil Revision Petition is whether recovery of possession of land from a landlord could be sought under section 16 of the Andhra Tenancy Act (XVIII of 1956) (hereinafter referred to as the Act for the sake of brevity).
(2.) Before we refer to the relevant statutory provisions, it is necessary to set out a few material facts. The petitioner, who is the owner of the suit land of an extent of Ac. 2-64 cents leased it out to the first respondent on 15th March, 1955, for one year on rental of Rs. 30. On the expiry of the lease, the first respondent did not surrender possession for reasons which need not be stated here. While he was still in possession, the Andhra Cultivating Tenants Protection Ordinance, 1956 (Ordinance I of 1956) was promulgated on 10th July, 1956. This was replaced by the Andhra Pradesh (Andhra Area) Tenancy Act, 1956. The object of both (the Ordinance and the Act) was to confer certain benefits on the tenants; namely, security of tenure and fixation of fair rent.
(3.) To resume the narration of facts, the landlord took possession of the property on 19th March, 1957. As to how the petitioner got possession, the parties present different versions, the petitioner stating that the tenant surrendered possession of the holding on the determination of the lease while the first respondent has it that forcible possession of the holding was obtained by the petitioner. But, for this enquiry, it makes no difference as to which of the two versions Is the acceptable one. On 26th April, 1957, the first respondent invoked the jurisdiction of the Tahsildar for restoration of possession to him under section 16 of the Act. The Tahsildar dismissed the petition In the view that the petitioner could not invoke the provisions of the Act.;


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