Cultivating tenants of an agricultural land filed this civil
revision petition under Article 227 of the Constitution of India
assailing the judgment dated 12.10.2009 of the learned I
Additional District Judge, Nellore in C.M.A.No.10 of 2005,
confirming the order dated 17.01.2005 of the learned Special
Officer-cum-Principal Junior Civil Judge, Nellore in A.T.C.No.4 of
2000.
2. Respondent herein is the landlord. Sri P.Rajasekhar, the
learned counsel representing Sri M.Balanaga Srinivas, the
learned counsel for the revision petitioners submitted arguments.
Despite the notice being served, none entered appearance for
respondent.
3. The necessary material facts may be briefly stated here.
Ac.5.15 cents of agricultural land in Survey No.1060/2 in
Sarvepalli Bit-III in Tatiparthipalem Village, Venkatachalam
Mandal, Nellore District of Andhra Pradesh is the subject matter
Dr. VRKS, J
of controversy. Sri Akili Chenchu Venkata Lakshmi Narasimha
Rao was the absolute owner of this property. About that there
has never been any dispute. He died on 03.11.1989 survived by
his wife Varalakshamma and an adopted son Sri Akili Venkata
Murali Krishna. They allegedly succeeded the property.
Smt. Varalakshamma executed a Will dated 06.02.1998 in favour
of her adopted her. She died on 03.06.1999. The adopted son
Sri Akili Venkata Murali Krishna filed A.T.C.No.4 of 2000 initially
as against respondent No.1- G.Ramachandraiah stating that
since 1985 Sri G.Ramachandraiah has been a tenant of the
above referred property and it was an oral tenancy entered into
between Sri G.Ramachandraiah and the original owner Sri Akili
Chenchu Venkata Lakshmi Narasimha Rao. On the death of the
original owner, his successors, namely, his wife and adopted son
were there and with them the tenant entered into a fresh lease
and it was also an oral lease. During the time of the original
owner as well as during the time of subsequent lease the tenant
was paying maktha as agreed upon. However, after the death of
Smt. Varalakshamma the tenant failed to pay the rents. Notices
issued remained unanswered. Therefore, in terms of Sections
Dr. VRKS, J
12, 13 and 16 of the Andhra Pradesh (Andhra Area) Tenancy Act,
1956, Sri Akili Venkata Murali Krishna sought for eviction of the
tenants. During the pendency of A.T.C.No.4 of 2000 respondent
No.2-Sri A.Ramanaiah was impleaded and thereafter three more
respondents were brought on record. Respondent Nos.3, 4 and 5
were the very brothers of the first respondent –
Sri G.Ramachandraiah. In the petition for eviction an additional
plea was also taken up by the landlord stating that the
respondents have been damaging the schedule mentioned
property as they were shifting the soil from the land. It was also
pleaded that in violation of the terms of tenancy the original
tenant sublet the property in favour of respondent Nos.3 to 5.
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