BATHINA CHENNAMMA Vs. BATHINA VENKATA SUBBAIAH

JUDGEMENT

(1.) The Appellant filed O.S. No. 255 of 2004 in the Court of III Additional Junior Civil Judge, Kadapa, against the Respondent for the relief of declaration of title in respect of the suit schedule property and for recovery of possession thereof, as well as a sum of Rs. 3,000/- towards arrears of rent. She pleaded that the schedule property, being house and surrounding plot of land was given to her husband, an employee in. the Chemmumiahpet Gram Panchayat, by the Government, and that he constructed a house thereon. It is stated that after his death, the Appellant succeeded to the property. She pleaded that the Respondent was a tenant in the premises on a monthly rent of Rs. 250/-, but he failed to pay the rent from January 2003 onwards, and started disputing title of the Appellant.

(2.) The Respondent filed a written-statement, opposing the suit. He disputed the right, title and entitlement of the Appellant over the land. He denied the existence of relationship of tenant and landlady, between himself and the Appellant. An objection was also raised as to non-joinder of the Government, as a Defendant.

(3.) The trial Court decreed the suit through judgment dated 30-12-2005. Aggrieved thereby, the Respondent 'filed A.S. No. 23 of 2006 in the Court of Family Judge-cum-Additional District Judge, Kadapa. The appeal was allowed on 04-06-2009. Hence this Second Appeal.