PUVVADA SANYASI LINGAM Vs. PUVVDAPEDA PEDA STYANARAYANA MURTHY

JUDGEMENT

(1.) This civil revision petition is directed against the judgment dated 18-3-2004 passed by the learned Senior Civil Judge- cum-Rent Control Appellate Authority, Vizianagaram, in R.C.A. No. 12 of 1999, wherein and whereby the order dated 28-7-1999 passed by the Rent Controller-cum- Principal Junior Civil Judge, Vizianagaram in R.C.C. No.2 of 1995 is set aside.

(2.) The brief facts of the case necessary for disposal of the civil revision petition are as follows :

(3.) Learned Counsel for the petitioners herein contended that the ownership of the first respondent herein over the petition schedule properly has not been established and that the contention of the first respondent that in the so called partition agreement said to have been entered in 1980, the petition schedule property fell to his share, has not been proved. Therefore, the first respondent is not entitled to receive the rents. The Rent Controller had rightly allowed the R.C.C. filed by the second respondent herein permitting him to deposit the rents into the Court. He further contended that in the event, the title of the first respondent is not established and if he misappropriates the rents, it would be difficult for the petitioners herein to recover the same from him.