MALIANI Vs. K. SATYABATIAMMA

JUDGEMENT

(1.) This appeal at the instance of the plaintiffs assails the reversing judgment of the learned Additional District Judge, Jeypore in a suit for eviction and realization of arrear rent.

(2.) The case of the plaintiffs is that their ancestor constructed four thatched rooms over plot no.621. Jagannath Mali, plaintiff no.2 verbally leased out those four rooms to K.Satyabatiamma, defendant no.1 in the year 1976. She occupied the same on 2.6.1976 and paid a sum of Rs.500/- to plaintiff no.2 with an understanding that the amount shall be adjusted in installments. Rs.40/- per month was fixed for all the four rooms. She advanced a sum of Rs.200/- to Jagannath Mali, plaintiff no.2. The plaintiffs had taken a sum of Rs.700/- towards advance. Since defendant no.1 did not pay any rent, plaintiff no.2 issued a legal notice to her demanding arrear rent and vacation of house. On 16.9.1980 defendant no.1 replied to the notice denying the occupation of the house on lease. While matter stood thus, she had constructed four thatched rooms over the vacant site. She is residing therein. The defendants had never constructed the thatched rooms. With this factual scenario, the suit has been instituted seeking the reliefs mentioned supra.

(3.) The defendants filed written statement pleading inter alia that the suit house was previously a vacant site. In the year 1950 the husband of defendant no.1 stayed in the house of his sister-in-law and constructed three huts over the same. They occupied the suit land. After death of her husband, the plaintiffs disclosed that they were the owners of the land in question. A meeting was convened. Nobody objected to the possession of the defendants. They applied to the Jeypore Municipality to assign the holding number in their favour. They are in possession of the site since 1950.