PAIDI PEDA APPANNA Vs. MOCHERLA SRIRAMAINURTY

JUDGEMENT

(1.) This second appeal is directed against the decree and judgment of the Court of the Subordinate Judge, Eluru, confirming that of the District Munsif in O.S. No. 107 of 1951 filed by the respondent for recovery of rent alleged to be due from the first appellant.

(2.) It was alleged in the plaint that the plaintiff was a ryot in respect of 44 acres 23 cents of land in Ambarupeta admittedly situated in Nidadavole estate, that the defendant executed a muchilika in his favour on 1st June, 1948, undertaking to pay rent of 400 bags of paddy and 10 bandy loads of hay for that year by 15th January, 1949, that he cultivated the suit lands during the said year and thereafter continued to be in possession of the lands in the years Virodhi and Vikruthi (1949- 1950 and 1950-1951) as tenant holding over, that for the year Vikruthi he paid only 360 bags out of the 400 bags and that he had not given the balance of 40 bags of paddy or hay or its value. On those allegations the suit was filed to recover a sum of Rs. 710 made up of Rs. 660 cost of 40 bags of paddy at Rs. 16-8-0 per bag and Rs. 50 cost of 10 bandy loads of hay, being the rent due to the plaintiff from the defendant.

(3.) The defendant pleaded, inter alia, that the plaintiff was the land-holder, his father Mocherla Ramachandra Rao having purchased only the right to collect the rent from the Receiver of the Nidadavole estate, that he was a ryot under him, that after the passing of the Madras Estates (Reduction of Rent) Act (XXX of 1947), the plaintiff had no right to collect rent from him and that the District Munsif's Court had no jurisdiction to entertain the suit.