The Tenancy Tahsildar has jurisdiction to entertain an application by a cultivating tenant for protection of his right to possession and to grant appropriate relief by way of injunction under Section 16(1) of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956.

CHINNAPPA REDDY, J.

( 1 ) THE three writ petitions, which were referred by one of us (Chinnappa Reddy,j) for the decision of a Division Bench on account of the conflict between the views expressed by Kondaiah,j. , in VEERA swami V. SUB COLLECTOR (1)1974 (2) aplj 397and Madhava Reddy, j. , in srinivasa RAO V. DEPUTY TAHSILDAR (2) 1974 (2) APLI 27, raise common questions and may be disposed of by one judgment. It is enough if we refer to the facts of the case in WP 4166/75. The 2nd respondent in WP. No. 4166/75 filed a petition purporting to be under Sec 16 (1) of the Andhra Pradesh Tenancy Act before the tenancy Tahsildar, Tanuku to declare him as the tenant of 83 cents of land in R. S. No. 38/3 of Penumantra village and to restrain the landlord (Petitioner in the writ petition) from taking forcible possession of the land by illegal means. He also sought an interim injunction restraining the landlord from interfering with his possession. The application was opposed by the present petitioner who leaded that the land was under his personal cultivation. It was also pleaded that the Tenancy Tahsildar had no jurisdiction to entertain the petition filed by the 2nd respondent for a declaration and injunction. The Tenancy Tahsildar over-ruled the objection of the petitioner and granted an interim injunction. in this application for the issue of a writ the petitioner challenges the jurisdiction of the Tenancy Tahsildar to entertain the petition, purporting to be under sec. 16 (I) of the Andhra Tenancy Act, for a declaration and an injunction.

( 2 ) SRI M. Rajasekhara Reddy, learned counsel for the petitioner argued that the tenancy Tahsildar was incompetent to grant a declaration or to grant an injunction which reliefs, he said, could only be granted by a Civil Court. He relied on the decisions of Gopalrao Ekbote, J. , in nagannav. VENKAMMA (3) 1964 (2) an. W. R. 465, Madhava Reddy, J. , in srinivasa RAO V. DEPUTY TAHSILDAR (2) 1974 (2) A. P. LJ. 27 and one of us chinnappa Reddy,j) in W. P. 4521/1973. Sri Y. Satyanarayana, learned counsel for the second respondent relied upon the decision of Kond aiah,j. , in VEERASWAMI v. SUB COLLECTOR (I) Chandra Reddy, c. J, and Narasimham, J. , in DALEPPA v. RAMULU (4) (1964) (I) An. W R. 52 and the Supreme Court in MAGITI sasamal V. PANPAB BISSOY (5) (AIR 196. S. C. 547 ). He also invited our attention to the observations in SUB divisional OFFICER, FAIZABAD V. S. N. SINGH (6) AIR 1960 S. C. 140 and donti REDDY VENKATA REDDY V. BHEEMAVARAPU BHUSH1 REDDY (7) (AIR 1971 A. P. (F. B)87 ).

( 3 ) IN order to resolve the question it is necessary to refer to the object, the scheme and the provisions of the Andhra pradesh (Andhra Area) Tenancy Act, 1956 ). The preamble to the Act states that it is an Act to provide for the payment of fair rent by cultivating tenants and for fixing minimum period of agricultural leases in the State of Andhra. cultivating tenant is defined by Sec. 2 (c) of the Act as meaning a person who cultivates by his own labour or by that of any other member of his family or by hired labour under his supervision and control, any land belonging to another under a tenancy agieement. Sec. 3 prescribes the maximum rate of rent payable by a cultivating tenant to a landlord. Section 4 permits the landlord and his cultivating tenant to come to an agreement in regard to the form of tenancy. Section 5 permits the landlord and the cultivating tenant to enter into an agreement regarding the quantum of rent subject to the maximum rent specified in Sec. 3. Section 6 provides for the determination of fair rent by the tahsildar, notwithstanding any agreement between the landlord and the cultivating tenant. It s provided that either the landlord or the cultivating tenant may make an application for the fixation of fair rent and that on receipt of such application the Tahsildar shall make an enquiry in the manner prescribed and determine the fair rent having due regard to the several factors mentioned i

Click Here to Read the rest of this document