HARIBANDHU KORO Vs. PINNINTI KESAMMA

JUDGEMENT

(1.) This revision is filed by the plaintiff in S.C.No. 5 of 1988 on the file of the District Munsif, Sompeta.

(2.) The suit was filed for recovery of an amount of Rs.733/- from the respondents/ defendants herein, being the lease amount for the land in S.No.436/41 in pattaNo.1033 of Maghlaypeta, Srikakulam District, ad measuring Ac. 0.32 cents. It was the contention of the petitioners that they are the owners of the land and the same was leased in favour of the respondents. When the respondents failed to pay the lease amount, they filed O.S.No. 327 of 1972 on the file of the District Munsif, Sompeta which resulted in ex parte decree dated 31.7.1973. It was further stated that the respondents filed an application for setting aside the ex parte decree with an application to condone the delay and the same was dismissed and the C.M.A. filed against the Judgment was also dismissed, thereby the decree became final The present suit in S.C.No. 5 of 1988 was filed for recovery of rents for subsequent periods.

(3.) The respondents resisted the suit by stating that the petitioners have no rights over the land and that they failed to establish the relationship of landlord and tenant.