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1979 Supreme(SC) 128

D.A.DESAI, O.CHHINNAPPA REDDY
Maddada Chayanna – Appellant
Versus
Karnam Narayana – Respondent


Advocates:
A.V.RANGAM, VEPA P.SARATHI

Judgment

CHINNAPPA REDDY, J.:- The petitioner who lost before the Subordinate Tribunals and the High Court is the appellant in this appeal by special leave. Alleging that he was the landlord and that the respondents were his tenants in respect of certain lands in Bommika village, the appellant filed a petition before the Tehsildar, Pathapatnam under Section 13 of the Andhra tenancy Act for the eviction of the respondents on the ground of default in payment of rent. The respondents pleaded that the lands were situated in an Inam Estate which had been taken over by the Government under the provisions of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, and that, they and their ancestors, who had occupancy rights were always in cultivating possession of the lands. It was also pleaded that after the taking over of the estate by the Government there was no longer any relationship of landlord and tenant between the petitioner and the respondents. The Tehsildar dismissed the petition for eviction on the ground, among others, that the respondents had occupancy rights in the land. The landlord preferred an appeal before the Revenue Divisional Office










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