LAWS(APH)-2004-1-68

NAMALA RAMACHANDRA RAO Vs. KAKILETI BHASKARA RAMA MURTHY

Decided On January 07, 2004
NAMALA RAMACHANDRA RAO Appellant
V/S
KAKILETI BHASKARA RAMA MURTHY Respondents

JUDGEMENT

(1.) The defendant in O.S. No.277 of 1984, on the file of the Principal District Munsif, Kakinada is the appellant before this Court. Having lost in both the Courts below, he filed the present appeal.

(2.) The respondent herein filed suit for eviction of defendant from the plaint schedule property and also for recovery of arrears of Rs.1,250/- and future mesne profits by contending that about 20 years back an open site admeasuring 700 square yards was given on lease to the appellant herein on a monthly rent of Rs.50.00 for starting a lime grinder. The appellant was neither paying rents nor vacating the said premises.

(3.) The appellant herein, contested the suit stating that plaintiffs have no title to the property and he perfected the possession over the property by adverse possession. His further contentions are that the notice Ex-A5 was not served on him and the Court fee paid was also not sufficient. On the above pleadings the Trial Court framed the following issues: