SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1970 Supreme(AP) 133

Andhra Pradesh High Court
Judges : C.KONDAIAH
Marrivada Seetharama Reddy - Appellant
Versus
Ramalingeswaraswami vari temple - Respondent
Decided On : 06-22-70

The expression "widespread calamities" in Section 8 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 should be given a wide and liberal interpretation to include any calamity, whether natural or man-made, which results in failure of crops in a particular area or block of land.

Headnote:

ANDHRA PRADESH (ANDHRA AREA) TENANCY ACT, 1956 - SECTION 8 - REMISSION OF RENT - INTERPRETATION - WIDESPREAD CALAMITIES - MEANING AND SCOPE - FAILURE OF CROPS DUE TO SUBMERSION OF LAND - ENTITLEMENT TO REMISSION OF RENT.

Fact of the Case:

The petitioner, a tenant, filed an application under Section 8 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956, seeking remission of rent for the year 1967-68 due to failure of crops caused by unprecedented floods. The Tahsildar granted the remission, but the Revenue Divisional Officer reversed the order on appeal, holding that there was no evidence of widespread calamity.

Finding of the Court:

The court held that the tenant was entitled to remission of rent under Section 8 of the Act. It interpreted the expression "widespread calamities" to include any calamity, whether natural or man-made, which results in failure of crops in a particular area or block of land, and not necessarily a calamity of national or state-wide proportions. The court found that the failure of crops in the instant case was due to submersion of the land caused by heavy rains, which constituted a widespread calamity within the meaning of Section 8.

Issues: 1. Whether the tenant was entitled to remission of rent under Section 8 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956. 2. Whether the failure of crops due to submersion of land constituted a "widespread calamity" within the meaning of Section 8.

Ratio Decidendi: The court held that the tenant was entitled to remission of rent because: 1. The expression "widespread calamities" in Section 8 should be given a wide and liberal interpretation to include any calamity, whether natural or man-made, which results in failure of crops in a particular area or block of land. 2. The failure of crops in the instant case was due to submersion of the land caused by heavy rains, which constituted a widespread calamity within the meaning of Section 8. 3. The tenant had taken all necessary steps to raise the crop, but the failure was due to circumstances beyond his control.

Final Decision: The court quashed the order of the Revenue Divisional Officer and restored the order of the Tahsildar granting remission of rent to the tenant.

C. KONDAIAH, J.

( 1 ) THIS application by the petitioner under Art, 226 of the Constitution is to quash the orders of the Revenue Divisional Officer, eluru reversing the order of the Tahsildar, Tadepalligudem, granting remission of rent as prayed for by him.

( 2 ) THE petitioner is the highest bidder of leasehold right of R. S. No. 572. admeasuring Acs. 4-80 cents, situate at Rachur village. Tadepalligudem, West Godavari District and belonging to Sri Ramalingeswaraswamivari temple of the same village for a period of six years, commencing from April, 1967 on an yearly rental of 32 bags of paddy. In the year 1967, "akkullu" paddy was raised on the land taken by him on lease. After transplantation, due to unprecedented floods, the land was inundated with water and the crop was completely damaged, which compelled the tenant to transplant with much inconvenience and expenditure for a second time. There was failure of crop due to submersion of the land. The Executive Officer of the respondent-temple and the Assistant Commissioner, Hindu religious and Charitable Endowments, Eluru were informed by the tenant about the failure of crop and were requested to grant remission of rent for that year as there was failure of crops due to floods. Thereafter, an application was filed under Section 8 of the Andhra pradesh (Andhra Area) Tenancy Act, 1956 (hereinafter called the act ) for remission of rent. After due notice the standing paddy crop was cut by the Special Deputy Tahsildar who was appointed as the Commissioner to estimate the yield. The yield was found to be 51/2 bags and the Commissioner had sent his report to the Tahsildar to that effect. The petitioner examined himself as P. W. 1 and filed ex. A 1 a memorandum to the Assistant Commissioner, Endowments departments, Eluru dated 3-10-1968 and Ex. A. 2. a notice given by him to the respondent, in support of his claim, The Executive officer of the respondent-temple was examined as R. W. 1. The tabsildar. on a consideration of the evidence on record, found that there was total failure of crop in the field, in question, due to sub-mersion and granted remission of the entire rent. On appeal by the temple, the decision of the Tahsildar was reversed by the Revenue divisional Officer on the ground that there was no evidence of the neighbouring ryots to show that their lands were also affected due to submersion. Hence, this writ petition.

( 3 ) IT was contended by Sri Venkatramireddi, for the petitioner, that the order of the appellate authority is illegal, erroneous and vitiated by an error apparent on the face of the record and his client is entitled for remission of rent.

( 4 ) SRI Venugopala Keddi, for the respondent-temple resisted the claim of the petitioner contending inter alia that there is no proof of any widespread calamity, within the meaning of Section 8 of the Act entitling the tenant for remission of rent. The question therefore which arise for decision is, whether the tenant, in the circumstances is entitled for the remission of rent, for the year 1967-68 under Section 8 of the Act.

( 5 ) THE answer to the question depends largely on the construction of the expression "widespread calamities" such as cyclone, drought or flood" occurring in S. 8 of the Act. The provisions of S. 8 must be construed in the light of the scheme and intendment of the act, which I shall presently refer to. The preamble to the Act makes it abundantly clear that the intendment of the Act is to provide for the payment of fair rent by the cultivating tenants and for fixing the minimum period of agricultural lease in the State of Andhra Pradesh. It admits of no doubt that it is in the interests of the people at large to see to grow more crops, whether they be of food or commercial variety. In order to provide sufficient inducement and encouragement to the honest and hardworking tillers of the soil, the State legislature thought fit and proper to make a law providing for fixation of fair rent by statutory au








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top