MUTHYALA LAKSHMINARAYANA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a second appeal which is sought to be preferred against the decree and judgment of the learned Subordinate Judge of Vizagapatam in A. S. No. 45 of 1952 confirming the decree and judgment of the learned District Munsif of Vizagapatam in O. S. No. 101 of 1951.

(2.) O. S. No. 101 of 1951 was tried along with two other suits, O. S. Nos. 102 and 103 of 1951 and a common judgment was delivered. The plaintiffs in all these suits were the same and the first defendant in all these suits was different. But the controversies between the plaintiffs and these defendants were the same and were in regard to three parcels of land situated within the municipal limits of Vizagapatam town. The first defendant in O. S. No. 101 of 1951 preferred an appeal in A. S. No. 45 of 1952 and we are not concerned with the first defendant in the other two suits.

(3.) The case for the plaintiffs in regard to these lands situated as just now mentioned inside the Vizegapatam Municipality and which are being enjoyed as residential sites and on which sheds have been put up is as follows: The lands along with other lands originally belonged to Ankitham people. One branch of Ankitham people gave permanent 'cowle' of their share of lands, of which the suit sites form part, to Eluru Appalaswami, Polamuru Chellayya, Dandu Atchanna and Duvvapu Potchanna by registered document dated11-7-1888, registration extract of which is Ex. A. 7 while the second branch of Ankitham people gave a similar permanent 'cowle' of their share to others under Ex. A, 13. Eluru Appalaswami sold his share in Ex. A. 7 to Dandu Atchanna, his co-sharer, by registered sale deed dated 13-7-1901, Ex. A. 11. Polamuru Chellayya sold the share got by him under Ex. A. 7 to Chilla Appalaswami under registered sale deed dated 2-4-1901, Ex. A. 9. Dandu Achanna sold his interest in the property covered by Ex. A. 7 to Chilla Appalaswami by registered sale deed dated 20-4-1901, Ex. A. 13. Duvvapu Pothanna sold his share under Ex. A. 7 to Chilla Appalaswami by registered sale deed dated 2-4-1901, Ex. A. 10. Chilla Appalaswami sold the lands acquired by him under the sale deeds mentioned above to Messrs. Rednam Venkata Krishna Rao and Gurunatha and Jonnalagadda Appanna Fantulu under registered sale deed dated 12-3-1919, Ex. A. 8. At the partition between the three sharers the suit sites fell to the share of the plaintiffs in these suits, and this is admitted by D. W. 2. The site was managed by Sri Rednam Venkata Krishna-rao during his lifetime and later by his son Sri Rednam Dharmarao, the second defendant. During the aforesaid management, defendants were inducted into possession of the sites, first defendant's mother having executed a 'Kadapa' dated 15-6-1940. The site in question was required by the lessee for residential purposes; but however as printed agricultural leases were readpy available, the 'kadapa' was obtained on a printed form describing the site-as "nivesanam" with a condition that it should be vacated with 15 days' notice. After the expiry of the lease, the lessee continued in Possession as tenant holding over, paying yearly rent from time to time. The first defendant held possession of the site as tenant after her mothers death, paying rent therefor to the lessor. Later she defaulted in the payment of rent.