BURUGU VISWANADHAM BROTHERS Vs. YARRU SUBBAIYA

JUDGEMENT

(1.) The plaintiffs are the appellants and the appeal arose out of a suit filed by them for ejecting the defendant from one acre of land coyered by D. No. 46 of Sripuram Agraharam. The plaintiffs case was that the land had been leased to the defedant under a Kabooliat dated 13 March, 1939, and that he has been in possession and enjoument of the same. They also filed a small cause suit for recovery of the rent for faslis 1345 to 1348 and also filed the suit out of which this appeal arises (O.S. No. 143 of 1939) on the file of the District Munsiff's Court, Tenali, for recovery of possession of the land.

(2.) The defendant pleaded that he had occupancy right in the land and that the land formed part of the estate and that the suit was not cognizable by a Civil Court.

(3.) The first Court found that the land was not part of an estate, that the suit was maintainable by a Civil Court and decreed the suit holding that the defendant had no occupancy rights.