NANDAM MOHANAMMA Vs. MARKONDA NARASIMHA RAO

JUDGEMENT

(1.) Defendants in O.S. No.205 of 1989, on the file of the Court of Principal District Munsif, Rajahmundry, are the appellants. 1

(2.) The respondents filed the suit for the relief of recovery of possession of suit schedule property, on the basis of termination of the lease, and for damages for use and occupation of the suit schedule property, upto the date of the suit. It was pleaded that the open land of 149 sq.yards, situated in Ward No. 10, and described in the suit schedule, was leased to Sri Hemasundara Rao, the husband of the first appellant and father of appellants 2 and 3, initially, in the year 1968, for a period of ten years, and thereafter, in the year 1978 for another spell often years. It was alleged that the appellants did not vacate the premises, even after the expiry of the lease, and as such, a notice dated 5.3.1988, was issued under Section 106 of the Transfer of Property Act, terminating the lease. They pleaded that they are entitled for the relief of recovery of possession of the land, as well as damages for use and occupation of the same.

(3.) Appellants resisted the suit. They did not dispute the ownership of the respondents. It was, however, pleaded that the subject-matter of the lease was a shed, existing as on the date of commencement of the lease, and the rent was less than Rs.1,000/-, and in that view of the matter, the suit is not maintainable. It was alleged that during the life time of Hemasundara Rao, the property was agreed to be sold, for a consideration of Rs.60,000/-, and a sum of Rs.5,000/- was paid, as advance.