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1986 Supreme(AP) 316

K.RAMASWAMY
Polangani Basavayya – Appellant
Versus
Kasi Visweswara Swamy Temple, Arthanuru rep. by its Heriditory Trustee Sri M Narayana Murthy – Respondent


K. RAMA SWAMY, J.

( 1 ) THE petitioner is a tenant. He filed a petition under Section 6 of the andhra Pradesh (Andhra Area) Tenancy act (XVIII of 1956) for short, the Act" as amended by Act XXXIX of 1974, for short, "the Amendment Act", for fixation of fair rent. The Special Officer dismissed the application. On appeal, the appellate authority held that the application filed under Section 6 of the Act is not maintainable by operation of Section 18 (2) of the Act, brought on statute by Amendment Act, read with Sec 74 (1) (e) of the Andhra Pradesh Charitable and Hindu religious Institutions and Endowments act (17 of 1966) for short, "the Endowments Act". It was also held that the special Officer has rightly dismissed the application on merits. Assailing the correctness of the view taken by the appellate court, this revision has been filed.

( 2 ) SRI C. Trivikrama Rao, learned counsel for the petitioner, contends that under section 74 (1) (e) of the Endowments Act, no committee as envisaged therein has been constituted and therefore the forum prescribed under the Act continues to be subsisting though Section 74 of the Endowments Act is applicable by operation of Sec. 18 (2) of the Ac







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