A revision petition filed before the High Court of Andhra Pradesh under Article 227 of the Constitution was dismissed by the High Court again for the reason that the question as to who was entitled to the grant of ryotwari patta had to be decided by the Settlement Officer under Section 56 of the Andhra Pradesh Andhra Area Estates Abolition and Conversion into Ryotwari Act and that the decision of such question was within the exclusive jurisdiction of the Settlement Officer.
The appellant has preferred this appeal by special leave of this Court.
It was also pleaded that after the taking over of the estate by the Government there was numberlonger any relationship of landlord and tenant between the petitioner and the respondents.
The respondents pleaded that the lands were situated in an Inam Estate which had been taken over by the Government under the provisions of the Andhra Pradesh Andhra Area Estates Abolition and Conversion into Ryotwari Act, 1948, and that, they and their ancestors, who had occupancy rights were always in cultivating possession of the lands.
The landlord preferred an appeal before the Revenue Divisional Officer, Tekkali.
The Tehsildar dismissed the petition for eviction on the ground, among others, that the respondents had occupancy rights in the land.
The Revenue Divisional Officer rejected the appeal on the ground that the petition for eviction was number maintainable since the question as to who was the lawful ryot in respect of any holding in an estate had to be decided by the Settlement Officer under Section 56 1 c of the Andhra Pradesh Andhra Area Estates Abolition and Conversion into Ryotwari Act, and that the decision of such question was within the exclusive companypetence of the Settlement Officer.
It is number also disputed that Bhommika village was in Inam estate and that it was taken over by the Government under the provisions of the Andhra Pradesh Andhra Area Estates Abolition and Conversion into Ryotwari Act.
Alleging that he was the landlord and that the respondents were his tenants in respect of certain lands in Bhommika village, the appellant filed petition before the Tehsildar, Pathapatnam under Section 13 of the Andhra Tenancy Act for the eviction of the respondents on the ground of default in payment of rent.
Chinnappa Reddy, J. The petitioner who lost before the Subordinate Tribunals and the High Court is the appellant in this appeal by special leave.
