BORUGADDA MARTIN LUTHER Vs. ANDHRA EVANGELICAL LUTHERAN CHURCH

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 06.04.2006 passed by the Additional Senior Civil Judge, Narsaraopet in A.S. No. 60 of 2003 whereby and whereunder the learned Additional Senior Civil Judge reversed the judgment and decree dated 10.02.2003 passed by the learned Principal Junior Civil Judge, Sattenapalli in O.S. No. 303 of 1998.

(2.) I have heard the learned Counsel appearing on either side.

(3.) The Plaintiff instituted the suit for specific performance of lease agreement dated 06.12.1996 and for permanent injunction against the Defendants. The Defendants are the representatives of the governing body of Andhra Evangelical Luthern Church, Guntur. According to the Plaintiff the said unregistered lease agreement was executed in his favour by the members of the executive council of Andhra Evangelical Luthern Church, Guntur. According to the Plaintiff, the lease agreement was executed by treasurer and one of the trustees of the Church who are authorized to do so, on behalf of the Church. It is said that the lease is for a period of 49 years i.e. 07.12.1996 to 06.12.2045 on certain agreed rent. It is submitted by the Plaintiff that subsequently a registered lease deed was agreed to be executed with the approval of the executive council. The agreement is marked as Ex:A-24 and according to the Plaintiff subsequently the registered lease deed was executed and the said registered lease deed was marked as Ex.A-12. The Plaintiff withdrew the relief of specific performance of agreement of lease dated 06.12.1996. Therefore, the Plaintiff only pressed for the relief of permanent injunction and the question arose for consideration before the trial court was only whether the Plaintiff was entitled for permanent injunction as prayed for against the Defendants.