ADAPALA SUBBAIAH Vs. SHAIK HASAN SAHEB

JUDGEMENT

(1.) Appellant filed the suit against respondent for recovery of value of 14 bags of paddy, alleging that the respondent, during the year 1980-81, took his land of an extent of Acs.2-00 cents in S.No.305/B of Mukteswaram Village, on lease agreeing to pay the rent at 14 bags of paddy per year and failed to pay the same and vacated the land during the next agricultural year i.e., 1981-82. The case of the respondent is that he did not take the land of appellant on lease and that the suit filed only as a counterblast to the suit filed by him for recovery of a debt due under promissory note from the appellant.

(2.) In support of his case, the appellant, besides examining himself as PW.1, examined five other witnesses as PWs.2 to 6 and marked Exs.A1 to A3. In support of his case the respondent, besides examining himself as DW.1, examined two other witnesses as DWs.2 and 3 and marked Ex.B1. The trial Court found favour with the case of the appellant and passed a decree in his favour. The appeal filed by the respondent was allowed by the judgment under appeal. Hence, this second appeal by the appellant.

(3.) When the second appeal came up for admission, a learned Judge admitted the appeal on the following substantial question of law.