EHAMMA R Vs. PEDDA JEEYANGAR MUTT

JUDGEMENT

(1.) This appeal is filed by the defendants in O.S.No. 210 of 1982 on the file of the Additional Subordinate Judge, Tirupati, questioning the decree and Judgment of the lower Court dated 25-4-1985. The decree was passed for recovery of possession of suit property and for damages.

(2.) The plaintiff in the suit who is the present respondent is Sri Pedda Jeeyanagar Mutt, Tirupati and it has filed the suit against the defendants seeking recovery of possession of the suit property and damages for use and occupation for the period from 1979 to 1981 at the rate of Rs. 2,000/- per year. It was contended by the plaintiff mat one R. Krishna Reddy was the cultivating tenant of the suitland belonging to the Mutt on an yearly rent of Rs.l,000/-and he died on 15-6-1975 leaving behind his sons by name Sri Obulu Reddy and defendants 6 and 7 as his legal heirs and that after the death of R. Krishna Reddy his sons did not excercise the option to continue the tenancy as contemplated under Section 12 of the Andhra Tenancy Act (old). They however, continued to occupy and cultivate the land and derive me profits. Obulu Reddy who is the son of R. Krishna Reddy also died prior to the filing of the suit and his heirs (defendants Nos. 1,2 and 5) were brought on record and they have been enjoying their lands by cultivating and deriving the profits and inspite of the notice issued by plaintiff on 27-7-1980 calling upon the defendants to deliver possession of the suit land, they failed to do so, and as such O.S.No. 210 of 1982 was filed seeking recovery of possession of the lands and also damages for use 25 and occupation from the defendants.

(3.) The defendants contested the suit contending that they in fact, excercised the option to continue as tenants as contemplated under Section 12 of the Andhra Tenancy Act and continued to cultivate the lands as tenants even after the death of R. Krishna Reddy and that they are not trespassers, and, therefore, 30 the suit is not maintainable for recovery of possession or for damages.