BHOOKYA ABBANNA Vs. MARAMRAJU SESHAGIR RAO

JUDGEMENT

(1.) This is an appeal directed against the judgment and decree of the Subordinate Judge of Warangal decreeing the plaintiffs suit O.S. No. 22 of 1958. the suit was instituted by six plaintiffs for a declaration that they were the owners of the suit lands, and for recovery of possession and for recovery of arrears of rent. It was stated in paragraph 1 of the plaint that as the result of partition entered into between plaintiffs 1 to 5 and the 6th plaintiff the properties fell to the share of plaintiffs 1 to 5. According to paragraph 2 of the plaint, the defendants are the asamees cultivating the suit lands. As they defaulted to pay rent, a suit was instituted in Mahboobabad Tahseel for eviction and for recovery of arrears of rent. the suit was decreed. The defendants thereupon trespassed on the plaint schedule lands. A suit was once again filed in Mahboobabad Tahseel on 17-3-1958. There was a compromise entered into between the plaintiffs and the defendants under which the defendants agreed to purchase the wet lands at the rate of Rs. 2,000.00 per acre, dry land at the rate of Rs. 275.00 per acre and bagat lands at Rs. 500.00 per acre. They once again defaulted to pay the sale price as agreed to between them. In paragraph 4 of the plaint if is alleged that they obtained Shikmeedsry certificates with the assistance of Narasimha Rao, appointed as Gumasta Patwary of Betole. Later on they got their names entered as the owners of the lands. The suit was therefore instituted for a declaration that they were the owners and that the defendants were not the owners.

(2.) In the written statement died by the defendants it was admitted that they were Shikmidars.

(3.) The Court below held that the plaintiffs are the owners and that as the defendants, the shikmidars, defaulted to pay rent, they were liable to be evicted. A decree for arrears was also passed. It is as against this judgment and decree that the appeal has been preferred to this Court.