NAMBURI BANGARRAJU Vs. INDUKURI SATYANARAYANARAJU
LAWS(APH)-2005-6-100
HIGH COURT OF ANDHRA PRADESH
Decided on June 10,2005

NAMBURI BANGARRAJU Appellant
VERSUS
INDUKURI SATYANARAYANARAJU Respondents


Cited Judgements :-

IMANDI ANASUYA VS. BANDARU SATYANARAYANA [LAWS(APH)-2007-11-75] [REFERRED TO]
KAMISETTI KRISHNA VS. KANCHUMARTHI VENKATA RAMANAMMA [LAWS(APH)-2013-10-25] [REFERRED TO]


JUDGEMENT

- (1.)This civil revision petition is filed under Article 227 of the Constitution of India against the concurrent judgments rendered in A.T.C. No.46 of 2002 on the file of the Special Officer-cum-Principal Junior Civil Judge, Kothapet, and A.T.A. No. 14 of 2004 on the file of the Appellate Authority-cum-District Judge, East Godavari, Rajahmundry.
(2.)The petitioner filed A.T.C. No.46 of 2002 under Section 16 of the Andhra Pradesh (Andhra Area) Tenancy Act (for short 'the Act') for the relief of declaration that he is a statutory tenant and that he cannot be evicted otherwise than through the procedure prescribed by law. According to him, his father late Suryanarayanaraju was the tenant of 0-40 cents of schedule property from the year 1955 and after his death he continued as tenant. He alleged that the land was leased out to them by the members of Dandu family of their village and that in a suit for partition between Dandu family on the one hand and the respondents herein on the other hand, the suit schedule land was allotted to the share of the respondents. It is alleged that in the final decree proceedings, the Commissioner appointed by the Court tried to deliver possession of the suit schedule land to the respondents and at that time the petitioner raised an objection stating that he is the tenant of the land.
(3.)The respondents resisted the A.T.C. They pleaded that the petition schedule property is one of the items in O.S. No.298 of 1971 filed by them for partition against Dandu family and after the preliminary decree became final, steps were taken in the final decree proceedings. It was alleged that the schedule property was allotted to their share and when it was about to be delivered, the Dandu people, the defendants in O.S. No.298 of 1971, have set up the petitioner to deprive them of the fruits of the decree.


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