PENUMETSA SUBBARAJU Vs. VEEGASENA SEETHARAMARAJU

JUDGEMENT

(1.) The first defendant is the appellant before us He was the lessee under the defendants Nos. 7 and 8 for the year July 1907 to July 1908 of the plaint lands. The plaintiff purchased in court-auction in November 1907 in execution of a mortgage-decree against the defendants Nos. 7 and 8 (passed so long ago in 1898 or 1899) the plaint lands. The plaintiff purchased not only the lands but also the crops standing thereon. The sale was confirmed in December 1907 under the old Civil Procedure Code. The crops were harvested in January 1908 by the first defendant. The rent reserved by the defendants Nos. 7 and 8 with the first defendant was 212 bastas of paddy and its value is said in the lease-deed to be Rs. 1,272 at Rs. 6 per basta or bag. The first defendant paid Rs. 400 of the rent to the defendants Nos. 7 and 8 and carried away the crops in January 1908.

(2.) The plaintiffs brought the suit for recovery of Rs. 1,272 (the value of the grain-rent due to the defendants Nos. 7 and 8 by the first defendant) on the allegation that by the plaintiff s purchase of the land and of the standing crops in November 1907 in Court-auction they (the plaintiffs) became entitled to the crops themselves or, at least, they became entitled to recover the rent of Rs. 1,272, plaintiffs alleging further that the first defendant and the defendants Nos. 7 and 8 colluded together and out and carried away the crops in January 1908 without paying even the rent of Rs. 1,272, to the plaintiffs. Plaintiffs also claim interest at Re. 1 per cent per mensem from the 12th January 1908 till the date of suit (16th of November 1908).

(3.) The lower Appellate Court held that the plaintiffs were entitled to at least the rent amounting to 212 bags of grain.