GANESH PARSHAD Vs. ADI HINDU SOCIAL SERVICE LEAGUE

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of our learned brother, Madhava Reddy J. in A. A. A. O. No. 16 of 1971, allowing the appeal and setting aside the judgments and decrees of the lower courts.

(2.) The material facts are : The respondent Society, called "Adi Hindu Social Service League" is a society registered under the Hyderabad Societies Registration Act. The respondent-Society runs a girls school in the main building bearing No. 480 at Esamiah Bazar, Hyderabad; adjacent to the main building there is an open plot of land measuring about 81 sq. yards. After executing a rental agreement, the appellant herein obtained the said open plot of lend, bearing Municipal No. 4-7-1081 from the then Secretary of the respondent-Society on a monthly rent of Rs. 7. The appellant put up a thatched hut in the said vacant land. The appellant agreed to remove the hut when he vacates the plot of land.

(3.) Since the appellant herein failed to pay rents in respect of the said plot of land from July, 1953 onwards, the respondent-Society filed small cause suit No. 449 of 1965 against the appellant for the recovery of arrears of rent. The appellant herein resisted the said suit on the ground that he is the true owner of the said plot of land; that, he had obtained the suit land from his brother who, in his turn, got the said land by way of gift from one Johandrrunnissa Begum and that he has perfected his title to the said land by being in long, open continuous and uninterrupted possession of the same for over 34 years. He further denied that he was a tenant of the respondent, or that he had, at any time, paid the rents.