- (1.) The facts giving rise to these two writ petitions are as follows; The petitioner is the owner of Ac. 9-00 of coconut garden and Ac. 8 311/2 cents of dry land situate in Srilanka, hamlet of Masakapalle, Ramachandrapuram Taluk. East Godavaii District. He leased out the said lands to the 4th respondent N. Atchutaramaiah, under an agreement dated 21-12-1967, for a period of five years. Towards the rent, the 4th respondent was to deliver 35,000 coconuts per year in three equal i natal meats in the months of April, August and December, and in default thereof, he had to pay the value of the coconuts at the prevailing market rates on the due dates with interest thereon atO-46p. percent per month. The other terms and conditions of the lease are not relevant for the purpose of these petitions and hence they need not be referred to. According to the petitioner, the 4th respondent paid a sum of Rs. 15,000/- as security deposit and executed a promissory note for Rs 13,000/-.
(2.) The petitioner filed a petition A T. P. 21/1973 before the Tahsildar, Ramachandrapuram for eviction of the 4th respondent, alleging that be had paid the rentals for the year ending 21-12-1968 and set off the amount due under the pronote towards rental for the year ending 21-12-1969. and defaulted in payment of rents for the years 1970 to 1973 and therefore he was liable to be evicted. It appears that during the pendency of the said eviction petition, a Receiver was appointed by an order dated 5-11-1973 in I. A. No. 7/1973, and that the Receiver took possession of the lands on 8-11-1973.
(3.) The 4th respondent appears to have filed petitions for fixation of fair-rent and for remission of the rents for the years 1969-70 and 1970-71. There were also other litigations between the parties. The 4th respondent filed a suit on the foot of the promissory note and obtained an exparte decree, whereas the petitioner filed a suit O. S. No. 155/1973 on the file of the Sub Court, Rajahmundry, for recovery of a sum of nearly Rs. 55,000/- towards rents for the years 1969 to 1972.;