HANUMANTH VAJHULA JAGANNADHA SASTRY Vs. VAJHULA ANNAPURNA RAJESWARAMMA

JUDGEMENT

(1.) The second defendant in O.S. Nos.5/1976, 359/ 1979 and 267/1981 filed by Lingala Venkataratnamma and the second 282 defendant in Interpleader Suit in O.S. No.357/ 1980 filed by Doddi Bull Veerraju, filed these Second Appeals.

(2.) While late Lingala Venkataratnamma filed three suits referred above, for recovery of the rents over the suit schedule properties from Doddi Bull Veerraju, the tenant over the lands, claiming that they are the owners of the land. He filed Interpleader Suit in O.S.No.357/1980 seeking a decision as to which of the defendants in his suit, i.e., late Lingala Venkataratnamma and Rajeswaramma on one side and Hanumanthavajhula Jagannadha Sastry, the appellant herein, on the other side are the real owners and to whom he has to pay the rents. During the pendency of the suit, Lingala Venkataratnamma died and her daughter Vajhula Annapurna Rajeswari (hereinafter referred to as 'Rajeswaramma') was brought on record as second plaintiff in all the three suits filed by Lingala Venkataratnamma and as third defendant in the Interpleader Suit filed by Doddi Buli Veerraju.

(3.) The case of the plaintiffs in O.S. No.5/1976 and batch was that Mr. Doddi Buli Veerrqju-tenant took the suit schedule properties on lease from Godavari Suryakanthamma and he paid rents to her till 1972-73. Thereafter he failed to pay rent due by 15.1.1974 and committed acts of waste. It is also her case that Suryakanthamma filed A.T.P.No.38/1974 before the Tahsildar, Peddapuram for eviction of the tenant from the suit lands. During the pendency of the Tenancy Petition, Suryakanthamma executed a Will- Ex. B.17, on 18.12.1974 bequeathing her properties both movable and immovable, including the suit schedule land and arrears of rent due from the tenant to the plaintiff and passed away on 29.4.1975.