PACHAVA VENKATA RAMANAYYA Vs. PACHIPULUSU SINGAYYA

JUDGEMENT

(1.) The appeal and the cross objections pertain to the judgment of the Subordinate Judge, Kavali, in O. S. 24 of 1958. That was a suit filed on 30-6-1958 for the recovery of mesne profits of land purchased in Court auction, an extent of ac. 7-50 cents in S. No. 215/7 of Vaviletipadu village for Faslis 136 2 to 1367.

(2.) 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 and 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 and the plaintiff became the purchaser of the land of the judgment-debtors for Rs. 6,000. The judgment-debtors applied to set aside the sale under O. 21, R. 90, 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 carried 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 nP. as profits.

(3.) 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 mesne 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 defendants could realise was Rs. 130 to Rs. 150 after deducting the cultivation expenses. After 1363 Fasil 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.