S V ANAND Vs. S R K MURTHY

JUDGEMENT

(1.) The issue involved in both the appeals is one and the same. Hence, they are heard together and disposed of by this common judgment.

(2.) A.S. Nos.1150 and 3491 of 1990 are preferred by the defendant and plaintiff respectively against the judgment and decree dated 27-9-1989 passed by the Additional District Judge, Hindupur in O.S. No.37 of 1985 (O.S. No.138 of 1983 on the file of Subordinate Judge, Penukonda), decreeing the suit for partition and separate possession and dismissing the claim for recovery of Rs.16,200/- towards rent of the building and for costs of the suit. Against the preliminary decree declaring that the plaintiff is entitled to for partition and separate possession of his 11/20th share defendant preferred A.S. No.1150 of 1990; whereas against that part of the decree where the claim for recovery of rents of Rs.16,200/- as damages for use and occupation in respect of suit premises was dismissed plaintiff preferred A.S. No.3491 of 1990.

(3.) The pleadings as stated by the parties and relevant for disposal of the appeals are as under: