PENTAPATI SUBBA RAO Vs. JUPUDY PARDHA SARATHY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 16- 7-1991 passed in O.S. No.202 of 1980 by the Subordinate Judge, Rajahmundry.

(2.) The appellant is the first defendant. During the pendency of the appeal the appellant died and his legal representatives were brought on record as Appellants 2 to 4. The first respondent is the plaintiff and the second respondent is the second defendant in the suit. During the pendency of the suit O.S. No.202 of 1980 filed by the first respondent herein, the second defendant died and his legal representatives were brought on record as Defendants 5 to 13, who are Respondents 5 to 13 herein. The Respondents 3 and 4 are the Defendants 3 and 4 in the suit.

(3.) The suit filed by the first respondent herein for declaration of title to the plaint 'A' schedule properties comprising A1, A2, A3 and A4 schedules and for possession of the same was decreed by judgment and decree dated 16-7-1991 declaring plaintiff's title to the plaint A schedule property and declaring that he is also entitled to an amount of Rs.9,517/- deposited in O.S. No.47 of 1976 on the file of the Subordinate Judge, Rajahmundry directing the first defendant to deliver possession of the plaint A4 schedule property and Defendants 2 to 4 to deliver plaint Al, A2 and A3 schedule properties respectively to the plaintiff symbolically by way of attainment, granting past damages of Rs.366.66 ps. against the Second defendant, Rs.866.66 ps. against the third defendant and Rs.506.06 ps. against the fourth defendant, by way of arrears of rent, directing the Defendants 2 to 4 to continue to pay the rents at the respective rates for A1 to A3 schedule properties to the plaintiff from the date of filing of the suit and the first defendant was directed to pay the past profits of Rs.2,700/- to the plaintiff and the future profits on plaint A4 schedule property payable to the plaintiff from the date of filing of the suit. Aggrieved by the said judgment and decree in O.S. No.202 of 1980 dated 16-7-1991 the first defendant preferred this appeal.