LAWS(MAD)-1954-5-2

THOTA SESHAYYA Vs. MADABHUSHI VEDANTA NARASIMHACHARYULU

Decided On May 06, 1954
THOTA SESHAYYA Appellant
V/S
MADABHUSHI VEDANTA NARASIMHACHARYULU Respondents

JUDGEMENT

(1.) These are 14 connected second appeals, filed by the tenants against the judgment and- decrees of the Subordinate Judge, Tenali, dismissing their appeals from the judgments and decrees of the District Munsif, Tenali in the suits for ejectment and arrears of rent and for mesne profits, filed by the land-holders against them, in respect of the lands in Vaddimukkala agraharam. The learned District Munsif had decreed the suits for ejectment, after overruling all the contentions raised by these appellants. But he had held some discharges to be true. The learned Subordinate Judge, in appeal, had overruled all their contentions and confirmed the judgments and decrees of the lower court, both as regards ejectment and as regards arrears of rent and mesne profits. The memoranda of cross-objections related to the few points held by the courts below in favour of the appellants.

(2.) The facts were briefly these: The suit lands were covered by a judgment and decree obtained by the plaintiffs land-holders in O. S. No. 3 of 1919 on the file of the Subordinate Judge's Court, Gungur, Exs. A-1 and A-2, except as regards two items, with which we are not concerned in these appeals but only in the memorandum of cross-objections in S. A. No. 299 of 1950.

(3.) The landholders thereafter let out those lands to these appellants on lease for a period of five years in the year 1941. After the expiry of that lease, they granted another lease to the appellants for one year. That lease expired in March 1947. After. March, 1947, the appellants were holding over without any lease In their favour and did not quit the lands in spite of notices to quit. Hence the suits were filed by the land-holders for ejectment and arrears of rent, and for future mesne profits.