GADIVADA DALEPPA Vs. YELLABILLI RAMULU
HIGH COURT OF ANDHRA PRADESH
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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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