SRI CHENNAKESAVA SWAMY TEMPLE Vs. RAVI VEERAIAH CHOWDARY

JUDGEMENT

(1.) The Appellant - Devasthanam owns agricultural land at Kumakalamarru Village of Parchuru Mandal, Prakasam District. The leasehold rights of the land are auctioned from time to time for augmenting its resources. The Respondent emerged as the successful bidder for a period of three years from 2006-09, at a sum of Rs. 94,500/-per year. He deposited the amount for the year 2006-07 (for short 'first year') and raised the paddy crop. Thereafter, he raised the crop for the subsequent year 2007-08 (for short 'second year') without depositing the amount. On the ground that he committed default in payment of rent, the leasehold rights for the year 2008-09, were granted in favour of another person.

(2.) The Appellant filed O.S. No. 9 of 2008 in the Court of Senior Civil Judge, Parchur, for recovery of the rent, for the second year. It was pleaded that though the Respondent raised the crop, on the land, he did not pay the rent, that was offered by him, in the auction.

(3.) The Respondent filed a written statement opposing the suit. He pleaded that though the rent for the first year was paid, the crop was damaged, due to cyclone and that the Government issued G.O.Rt. No. 2711 dated 22.12.2006, exempting the farmers from payment of rent. He pleaded that he is entitled to adjust the rent paid by him in the first year, for the second crop year.