(KANNEGANTI) RAMAMANEMMA Vs. (KANNEGANTI) BASAVAYYA

JUDGEMENT

(1.) The petitioner in this case is the wife of the defendant. She brought a suit alleging that she got certain lands from her father-in-law under a gift deed, that she has been in possession and enjoyment of that land-till the e March, 1929, and that she had leased out the said land, the last of the registered deeds being Ex. F, a registered kabulrat for ten years dated 5th June 1929. She stated in her plaint that her tenants on 29 June 1929 sent; her a registered postcard Ex. G which-reached the plaintiff on 2 July, 1929 saying that they do not find it suitable to carry on cultivation and gave up possession of the land. They also said in Ex. G that the plaintiff might get the lands cultivated as it pleased her. In para. 5 of the plaint she states: Then the plaintiff sent her brother Movva Rammayya to Tenali and Guntur on 3 July, 1929 to take the letter and get legal advice. In the meanwhile the defendant wrongfully entered upon the suit land without the plaintiff's knowledge and consent, removed the field ridge, watered the field and unlawfully transplanted the same.

(2.) In para. 6 she states: As soon as the plaintiff's brother returned from Tenali he saw the unauthorised cultivation after the removal of the ridge by the defendant, remonstrated with the defendant and complained to the elders in the village. But the defendant refused to restore possession to the plaintiff.

(3.) In para. 7 she alleges: The suit land was in the rightful possession and enjoyment of the plaintiff till 2 July, 1929. The defendant dispossessed the plaintiff unlawfully on 3 July 1929, trespassed upon the land without the plaintiff's knowledge and concurrence, transplanted the field and refused to give up possession in favour of the plaintiff.