LAWS(APH)-1982-10-32

VENKATASWAMY Vs. GRAM PANCHAYAT KARUCHOLA

Decided On October 13, 1982
KARUCHOLA VENKATASWAMY Appellant
V/S
GRAM PANCHAYAT OF KARCHOLA BY ITS EXECUTIVE AUTHORITY, SARPANCH Respondents

JUDGEMENT

(1.) This Second Appeal is filed against the decree and judgment dated 22-6-1978. in A.S.No. 16/1976 on the file of the II Additional District Judge, Guntur.

(2.) The defendants in the suit are the appellants. The facts that led to the filing of this Second Appeal are as follows:

(3.) The plaintiff is the Gram Panchayat, Karuchola represented by Its Sarpanch. The suit is filed for recovery of possession of the suit property, the extent of which is Ac. 4-00 in D. No. 400 and also for past profits of Rs. 700/- and for future profits. The plaintiff averred in the pltint, that the extent of the land in D. No. 400 is Ac. 7-35 cents and is known as 'Boddukunta' in Karuchola village and out of this land four acres is without water and the rest of Ac. 3-35 cents, (which is not the subject-matter of the suit,) is under water. The schedule property is vested in the plaintiff Panchayat and, therefore, exercising rights of ownership by leasing out grass, etc. The defendants encroached into the suit land and raised Jonna crop. The plaintiff issued registered notices to the defendants to vacate the suit land. They are in wrongful possession since June, 1971. As they did not vacate the suit land even after the notices, the present suit is filed.