B.P.JEEVAN REDDY, P.RAMACHANDRA RAJU
K. Venkaiah – Appellant
Versus
K. Venkateswara Rao – Respondent
( 1 ) THIS Civil Revision Petition has been referred to a Bench by our learned brother, A. V. Krishna Rao, J. , in view of the conflict between the decisions of this Court on the question of applicability of S. 5 of the Limitation Act to proceedings under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950. Before the coming into force of the Indian Limitation Act, 1963, this court held uniformly that S. 5 has no application to the proceedings under the said Act; but, after the coming into force of the new Limitation Act, there has been a divergence of opinion. A Bench of this Court, consisting of Sambasiva Rao, Acting C. J. , and Jayachandra Reddy, J. , has held in Guru Butchaiah v. K. Ahalya Bai, 1975 (2) APLJ 66 that by virtue of S. 29 (2) of the new Limitation Act, Ss. 4 to 24 of the said Act are applicable to appeals or applications under any special or local law in so far as the applicability thereof has not been expressly excluded by such special or local law. Inasmuch as there is no such express exclusion in the Hyderabad Tenancy Act, the Bench held that Section 5 does apply to proceedings under the said Act. When the said decision
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