PALA NARAYAMA Vs. M VEERA SAMAIAH

JUDGEMENT

(1.) Defendants 2 and 3 alone are the appellants in this appeal. The appeal is filed against the Judgment of the learned single Judge dismissing A. S. No 221 of 1983 The appeal arises out of a suit O S No 103 of 1976 on the file of the learned Subordinate Judge Warangal.

(2.) For convenience sake the parties in this appeal will be referred as plaintiff and defendants as they are arrayed in O S No. 103 of 1976,

(3.) The relevant facts which ultimately culminated in this Letters Patent Appeal are as follows. The respondent herein one Murukuntla Pullaiah filed O S No 103 of 1976 out of which the present proceedings arise for eviction of the defendants from the suit schedule house and for delivery of the same to the plaintiff. The plaintiff further prayed for a declaration to the defendants for mesne profits from 17-9-74 with interest till the date of delivery of the property and alternatively for recovery of the rents between 17-9-1974 to 14-6-1975 etc , The suit was originally filed against three defendants. The first defendant died during the pendency of the suit and defendants 4 to 11 were added as his legal representatives by an order dated 11-8-1982 in I A No 641 of 1982.