VADLAPATLA SIVARAMAKRISHNA RAO Vs. VENUGOPALASWAMYVARI TEMPLE KAKINADA

JUDGEMENT

(1.) The defendant in O.S. No.87 of 1981 on the file of the Court of the Subordinate Judge, Eluru, is the appellant.

(2.) Respondent-Plaintiff filed the suit against the appellant for recovery of Rs.26858-80Ps. with interest being the arrears of Maktha due from the appellant for the years 1977-78, 1978-79 and 1979-80. The case of the respondent is that appellant took Ac, 16-00 in Survey Nos.125, 129/2, and 77/4 at Kowali village on lease agreeing to pay 120 bags of paddy per year on or before 31st January of every year and fell in arrears of rent. In his written statement appellant admitted the tenancy and the Makta agreed to be paid. His contention is that due to unprecedented cyclones and climatic conditions the entire crop in the land taken on lease by him was damaged during 1977-78, 1978-79 and 1979-80 and so he filed petition under the Tenancy Act seeking remission and so the respondent is not entitled to the suit amount. After considering the evidence adduced by the parties the Trial Court decreed the suit and that decree was confirmed by the lower appellate Court in A.S. No.115 of 1987 preferred by the appellant. Hence, this Second Appeal.

(3.) The contention of the learned Counsel for the appellant is that though the appellant filed a petition to call for the adangals for the years 1977-78, 1978-79, and 1979-80 the lower appellate Court did not permit him to and so the case may be remitted to the trial or lower appellate Court and permit the appellant to adduce fresh evidence.