NEKKANTI SATYANARAYANA MURTHY Vs. MANNE NAGAMMAGARI CHOULTRY

JUDGEMENT

(1.) This appeal is preferred by the 5th defendant in O.S.No.30/74 on the file of Subordinate Judge, Narsapur. The respondent in the Appeal is the plaintiff in the suit i.e., Sri Manne Nagammagari Choultry, Narsapur, represented by its Executive Officer.

(2.) For the purpose of convenience, the parties hereinafter would be referred to as "plaintiff and "5th defendant".

(3.) The plaintiff filed the suit for declaration of plaintiff's title to the plaint schedule lands and for delivery of possession after ejecting defendants and to direct the 1st defendant to render account of realisations from the plaint schedule lands and for other appropriate reliefs like future profits etc. The learned Judge on the respective pleadings of the parties, having settled issues and additional issue as well recorded the evidence of P.W.1, the then Executive Officer of the plaintiff/ Choultry, D.W.1 - the 2nd defendant, D.Ws.2 to 6 and D.W.7, - 5th defendant, and D.W.8 - 7th defendant, marked Exs.A-1 to A-8, Exs.B-1 to B-21 and relying upon the decisions in P. Kondaiah Chetty and another v. Cheruvu Venkata Subrahmanyam and others, 1984 (1) APLJ 70, Tangella Narasimhaswami v. Madini Venkatalingam and others, AIR 1927 Mad. 636, Chief Controlling Revenue Authority C.P. and Berar v. Mt. Sarjubai and others, AIR 1944 Nagpur 33 and Champa Bibi v. Panchiram Nahata Siva Bigraha and others, AIR 1963 Cal. 551, ultimately came to the conclusion that the plaintiff is entitled to the reliefs and decreed the suit. It is not in serious controversy that the 1st defendant Manne Venkatanarayana died and defendants 6 to 12 were added as legal representatives of the deceased 1st defendant as per orders in I.A.No.861/79 dated 28-6-1980. It is also brought to the notice of this Court that as against the self-same judgment and decree now impugned, defendants 2 and 4 had preferred Appeal A.S. No.2061/86 and a Division Bench of this Court on 17-11-2003 made the following order :