MUDUNURI SURYANARAYANARAJU Vs. KORUKONDA APPARAO

JUDGEMENT

(1.) This revision is directed against the order passed by the Subordinate Judge, Bhimavaram in a Small Cause Case No.81/1988, dated 17-12-1997, whereby the plaint has been returned under Order 7 Rule 10A(2) of the Code of Civil Procedure for presentation before the proper Court.

(2.) The petitioner filed SCC 81/1988 alleging that he is the owner and landlord of the suit shop by virtue of the sale deed dated 10-2-1984, Ex.A1, which had been executed by Jupudi Ammaji @ Hymasundari who had obtained this properly from her mother-in-law namely Jupudi Sesharatnam through settlement deed dated 31-7-1957, Ex.A2. The respondent who was his tenant in the suit shop did not pay the agreed rent at the rate of Rs.35.00 per month for 36 months amounting to Rs.1,260.00 and sought for a money decree for the said amount. The respondent-defendant through written statement alleged that he is the tenant of Jupudi Kesavarao in respect of the suit shop for the last 30-40 years and had been paying rent to him. The vendor of the petitioner-plaintiff namely Jupudi Ammaji @ Hymasundari had filed RCC 7/1980 against him for ejectment but it was dismissed. The real owner and landlord of the suit shop is Jupudi Kesavarao or his wife in whose favour a settlement deed in respect of the suit shop was executed, therefore, the plaintiff is not the owner and landlord nor he has attorned tenancy in his favour.

(3.) The trial Court dismissed the suit holding that the petitioner has failed to establish that the respondent had attorned tenancy in his favour.