MEKA SURAMMA VENKANNA Vs. SURABATHULA MURLIDHARA RAO

JUDGEMENT

(1.) This second appeal is filed by the defendants in O.S.No.1310 of 1980 on the file of the III Additional District Munsif, Rajahmundry. The sole respondent filed the suit for eviction of the appellants, from the suit schedule property. The trial Court dismissed the suit on 29.01.1988. Aggrieved thereby, the respondent filed A.S.No.37 of 1988 in the Court of the II Additional District Judge, Rajahmundry. The appeal was allowed on 04.02.1994. Hence, the second appeal.

(2.) The respondent pleaded that he purchased an extent of Acs.8.77 cents of land in Sy.Nos.69 and 73 of Bommuru village, Rajahmundry Taluq from one Azimunnisa Begum for a consideration of Rs.9,998/- under an agreement of sale, dated 21.09.1966, and thereafter, obtained a sale deed, dated 12.07.1972. According to him, the land was under cultivation of one Vasireddi Yerrayya as a tenant and that he handed over the possession of the land on 27.08.1971 under a letter of acknowledgement.

(3.) He further pleaded that out of the land purchased by him, he leased an extent of Ac.1.00 to one Mohd. Baba for establishing a cinema theatre, in the year 1977, and when the said Baba went to the site to take possession, the appellants were found to have encroached upon it, by raising huts. It was alleged that when attempts were made to evict them, the appellants became aggressive and the 'same resulted in filing of C.C.No.258 of 1978 on the file of the IV Additional Judicial Magistrate of I Class, Rajahmundry. With these allegations, the respondent sought eviction of the appellants from the suit schedule property and for recovery of mesne profits at the rate of Rs.600/- per year.