PENTAKOTA AYODHARAMAYYA Vs. PENTAKOTA VENKATA KRISHNAM NAIDU

JUDGEMENT

(1.) This second appeal arises out of E. A. No. 188 of 1946. in O. S. No. 103 of 1940 in the Court of the District Munsif of "Visakapatnam, for restitution.

(2.) In a suit for partition instituted by the sons of one Goteti Subba Rao, the present first respondent was directed to put the appellants in possession of 44.3/4 cents of land which was found to be in excess of the property to which he was entitled and which, according to the trial Court, belonged to the appellants. An appeal was filed by the present first respondent against this direction which was dismissed by the Subordinate Judge of Vizagapatam. But this Court in S. A. No. 2154 of 1944, reversed the decisions of the Courts below holding that

(3.) Consequently, the first respondent, in addition to applying for redelivery of that property, inter alia, claimed a sum of Rs. 2000 as the value of 2 lakhs of bricks and 2 lakhs of tiles prepared by the present appellants from out of the earth dug from the 44.3/4 cents of land.