ANNE VIRARAGHAVAYYA Vs. ALAPATI GOPALA RAO

JUDGEMENT

(1.) THIS Second Appeal arises out of O.S. No. 262 of 1948, a suit filed by the respondent for recovery of makta from the Appellant.

(2.) THE facts admitted or found are briefly narrated. The plaint schedule property was originally owned by the 2nd Defendant. The Plaintiff's father purchased the same in execution of a decree obtained against the 2nd Defendant. After the purchase, he leased out the suit land to the 1st Defendant for five years under Exhibit A -1 dated 7 -5 -1941. Subsequently, the 2nd Defendant filed O.S. No. 134 of 1942 against the Plaintiff's father and the 1st Defendant for setting aside the decree and the Court sale and for possession. The suit was decreed on 31 -7 -1943.

(3.) THE learned District Munsif held that the 1st Defendant was evicted by title paramount and, therefore, the suit for rent was not maintainable. On appeal, the learned Subordinate Judge took a contrary view and decreed the suit. Hence the appeal.