GANDI ANANT RAMULU Vs. ASIF AHMED

JUDGEMENT

(1.) This appeal is from the Judgment of our learned brother, Sanjeeva Row Nayudu, J.. whereby he confirmed the Judgment and Decree of the District Court, Warangal, in O.S. No. 1/1 of 1953.

(2.) Originally, the sole plaintiff instituted the suit for possession of the suit land, which is of an extent of Ac. 25-30 guntas, after ejecting the defendants therefrom, for mesne profits estimated at Rs. 2,500 and for other incidental reliefs. Admittedly, the plaintiff was the owner of the suit land, which is a fruit bearing garden. The first defendant was the plaintiff's agent appointed to look after the suit property. As the agent of the plaintiff, the first defendant was selling the fruits of the garden and collecting the house rent and rents on the lands. There is no dispute that the plaintiff, whose legal representatives are the present respondents, executed a contract of sale in favour of the second defendant, whereunder she agreed to convey the suit garden for a total consideration of Rs. 14,700.

(3.) The following issues framed by the learned District Judge reflect the main contentions on which the parties were at controversy :-