BHOGADI KANNABABU Vs. VUGGINA PYDAMMA

JUDGEMENT

(1.) ONE Shri Vuggina Suryanarayana was the owner of the following lands in vommali village of Madugula Mandalam of Vishakhapatnam district of Andhra Pradesh: <FRM>JUDGEMENT_29_TLPRE0_2006Html1.htm</FRM> (hereinafter referred to as "the properties in question").

(2.) HE died on 8th January 1972 leaving behind two widows, namely Chilakamma and Pydamma. Admittedly, the second marriage between Vuggina Suryanarayana and Pydamma had taken place during the subsistence of the first marriage of Vuggina Suryanarayana and Chilakamma. Out of the second marriage, two daughters, namely, Nukaratnam and Mahalakshmi were born. On 28th July 1973 the first wife of Vuggina Suryanarayana, Chilakamma, died issueless. According to Pydamma, on the death of Suryanarayana and Chilakamma the properties in question devolved on her and her two daughters, who are respondent Nos. 2 and 3 herein. Pydamma, had filed an application for eviction of the appellants under the Andhra Pradesh (Andhra Area) Tenancy Act 1956 (in short 'the A.P. Tenancy Act') before the District Munsif-cum-Special Officer, Madugula, A.P. on 18th September, 1990, which came to be registered as ATC 3/90, without making her daughters, being the respondent Nos.2 and 3 herein, as parties to the same. Pydamma in her eviction petition claimed eviction, inter-alia, on the grounds of default and sub-letting. It was also the case of Pydamma in her eviction petition that she had inducted the appellants as lessees in respect of the properties in question and after payment of rent for some time, the appellants had stopped paying, inter-alia, on the ground that they had inherited the properties in question on the death of the first wife of Surynanarayana, i.e. Chilkamma. In defence, the appellants pleaded that as they were the nephews of late Suryanarayana and as Suryanarayana had no issue out of his marriage with Chilkamma and as they were the only heirs and legal representatives of late Suryanarayana, being in actual physical possession and enjoyment of the properties in question owned by Suryanarayana since Chilakamma's death, in their own right, the eviction petition filed by Pydamma was not maintainable. They also pleaded that there was no relationship of landlord and tenant between Pydamma and them. The following issues were framed in the eviction petition: (1) Whether Pydamma is the second wife of Suryanarayana and whether she succeeded the properties of late Suryanarayana and his first wife late Chilakamma? (2) Whether there is any landlord and tenant relationship between Pydamma and the appellants in respect of the property in question? (3) Whether Pydamma is entitled to evict the appellants from the property in question and whether she is entitled to possession of the same?

(3.) TWO Special Leave Petitions were filed in this Court at the instance of the appellants, one against the main order passed in civil revision case and the other allowing the application for impleadment filed by the daughters, being respondent Nos.2 and 3 herein, under Order 1 Rule 10 of the Code of Civil Procedure. The Special Leave Petition filed against the order allowing the application under Order 1 Rule 10 of the CPC was, however, rejected in-limine by this Court. The Special Leave Petition filed against the judgment and order passed in civil revision case was heard by us in presence of the learned Counsel for the parties on grant of leave.