VENKATA RANANAYYA Vs. SINGAYYA

JUDGEMENT

(1.) The appeal and the cross-objections pertain to the judgment of the sibordinate Judge, Kavali, in O. S. 24 of 1958. That was a suit filed on 30-6-1953 for the recovery of mesne profits of land purchased in Court auction, an extent of 7-50 cents in S. No. 215/1 of Vaviletipadu village for Faslis 1352 to 1357. The undisputed facts were that the plaintiff was the court auction purchaser in execution of the decree in O. S. No. 122 of 1947 on the file of the Sub Court, Nellore, against defendants 3 ar.d 4 and their late father Sreeramulu, Sreeramulu having died his L. Rs. viz., his widow and his married daughter are impleaded in this suit as defendants 1 and 2. The Court sale was on 15 12 -1952 ail the plaintiff became the purchaser of the land of the judgnent debtors for Rs. 6000/-. The judgment-debtors applied to set aside the sale under O, 21, R, 93 C.P.C. The said petition was dismissed by the Sub Court, Nellore on 18-1-1954. Consequently, the Sub Court confirmed the sale on 21-1-1954 and granted a sale certificate on 21-2-1954., Ex. A-1. The judgment-debtors caviled the matter in appeal in C.M.A. 110 of 1954 to the High Court. Therein they obtained an order for stay of delivery of possession of the land purchased by the Court auction purchaser, The appeal was ultimately dismissed by the High Court on 18 2 -1958 and the stay was vacated. The Court auction purchaser therefore laid the suit for recovery of profits for the period stated. He claimed an amount of Rs.7,762 /- 50 N.P., as profits.

(2.) The defences to the suit were, firstly that mesne profits could be recovered only for 3 years prior to the suit and the rest of the claim was time barred, and secondly that the amount claimed as and for mense profits was excessive, The lands were leased on a rental of Rs.130/-per year in 1942 for a period of 10 years to one Narasimham.. The suit lands were not cultivated every year, The crop was poor. The maximum income which the defendant? could realise was Rs. 130/- to Rs.150/- after deducting the cultivation expanses. After 1363 fasli the defendants leased the property to one Kondaiah, a tenant, for a rent of Rs.100/- per year and so the amount of mesne profits claimed was excessive.

(3.) The learned Subordinate Judye rejected the plea that profits could not claimed for more than 3 years prior to suit and held that the plaintiff was entitled to claim profits for the entire period under Ai:. 121 of the Limitation Act. On the second plea he relied on the cultivation accounts produced by the plaintiff for each of the years for ascertaining the crops which the lands yield, and computed their values according to the plaintiff's witness and ecred a Sum of Rs.5,100/- for profits and Rs.736-89 towards interest. He therefore proud. a decree for Rs.5,836-39 for mesne profits with subsquent interest on Rs.5,100/- at 6% per annum till date of payment and for proportionate costs. Against this judgment, the appeal has been preferred by the 4th defendant only. The plaintiff preferred cross-objections for the amount disallowed by the learned Subordinate Judge.