SAPPA SURYANARAYANA Vs. S RAMA RAO

JUDGEMENT

(1.) Defendants 2, 3 and 4 are in appeal challenging the affirming decree of the learned Subordinate Judge of Berhampur in a suit for their eviction from a shop house at Berhampur and recovery of arrears of rent and damages.

(2.) Plaintiff came to court on the allegation that the house belonged to one Yasodamma and father of the defendants was a tenant under her. Plaintiff inherited the property and the defendants' father continued as a tenant under him. The disputed property is actually a part of the residential house of the plaintiff and being in need of the same he applied for eviction of the tenant in House Rent Control Case No. 5 of 1968. The proceeding terminated against him before the Controller as also the appellate authority. Plaintiff had filed a writ application in this Court and during its pendency, the original tenant died on 57-1970. The writ application was withdrawn and the suit was filed for eviction of the defendants on the allegation that Lakshmana Murty, the original tenant was a statutory tenant and his heirs had no heritable right.

(3.) Defendants 2, 3 and 4 alone entered contest. They filed a joint written statement and while admitting that Lakshmana Murty, the original tenant, died on 5-7-1970 maintained that they had heritable right in the property and they were tenants entitled to protection against eviction. They pleaded that the Civil Court had no jurisdiction and the suit was, therefore, liable to be thrown out.