GANESH PRASAD Vs. A H S S LEAGUE

JUDGEMENT

(1.) This Letters latent 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 legistered under the Hyderabad Socieliess 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 obtaned the said open plot of land, 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 rent in respect of the said plot of land from July, 1953 onwards, the respondent-Society filed small-cause suit No: 449 of 1955 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; tnat, he obtained the suit land from his brother who, in his ture, got the said land by way of gift from the Jehandarunnissa Begum and that, he has perfected his title to the said land by being in long, open, continuous and un-interrupted 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.