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1990 Supreme(AP) 89

G.RADHA KRISHNA RAO
M. Venkateswar Rao – Appellant
Versus
P. Venkata Raju – Respondent


G. RADHAKRISHNA RAO, J.

( 1 ) THE tenant is the petitioner. The landlord filed a suit for permanant injunction on the basis of the xerox copy of the agreement dated 1-3-1988 stating that surrender of land has been effected on 1-3-1983 itself but the tenant was making attempts to interfere with his possession on 3-5-88 the tenant resisted the application stating that the document has been fabricated and that the Civil Court has no jurisdiction to try this case as the suit itself is not maintainable. The tenant also took an objection that Section 14 (1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter referred to as the Act ) contemplates a particular procedure to be followed in the case of surrender of holding by the cultivating tenant and the sunender proceedings have not been initiated or a cepted by the Tenancy Court, aad therefore the question of taking possession or surrendering possession in pursuance of the xerox copy of agreement does not arise. The landlord relied upon Ex. A-1, a bunch of photos and negatives and Ex. A-2, the photostat copy of letter executed by the tenant. The tenant relied upon Exs. B-1, B-2, B-3, B-4 and B 5 to show that there were long

















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