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1997 Supreme(AP) 966

D.H.NASIR
Polisetti Venkata Subbaiah – Appellant
Versus
Karre Venkata Prasad – Respondent


D. H. NASIR, J.

( 1 ) ). THE question which arises for our consideration in this Civil Revision petition is whether voluntary surrender of the land under occupation of a tenant is binding upon the tenant or whether he could resile from the same.

( 2 ) ). The present Revision Petition is filed against the concurrent judgment of the learned District Judge, West Godavari at Eluru in A. T. A. No. 112 of 1985 dated 4-10-1991, which was decided against the tenant and in favour of the landlord.

( 3 ) ). By an order dated 28-11-1985 in A. T. C. No. 13 of 1980, passed by the Special officer-cum-Principal District Munsif, Narsapur, the tenant s appeal under section 16 (1) of the A. P. (Andhra Area) Tenancy Act, 1956 (for short the Act ) for declaration of his tenancy rights and for permanent injunction against the respondents, was dismissed.

( 4 ) ). The short facts are that the petitioner-tenant was a cultivating tenant in respect of Ac. 3-75 cents of the land covered by R. S. Nos. 458/2 and 457 situated in Kopparru village belonging to the 1st and 2nd respondents. Originally the petitioner s father was cultivating the land and after his death the petitioner-tenant continued to cultivate th



















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