Decided on December 09,1963

ASIF AHMED Respondents


Satyanarayana Raju, O.C.J. - (1.) This appeal is from the Judgment of our learned brother, Sanjeeva Row Nayudu, J.. whereby he confirmed the Judgment and Decree of the District Court, Warangal, in O.S. No. 1/1 of 1953.
(2.) Originally, the sole plaintiff instituted the suit for possession of the suit land, which is of an extent of Ac. 25-30 guntas, after ejecting the defendants therefrom, for mesne profits estimated at Rs. 2,500 and for other incidental reliefs. Admittedly, the plaintiff was the owner of the suit land, which is a fruit bearing garden. The first defendant was the plaintiff's agent appointed to look after the suit property. As the agent of the plaintiff, the first defendant was selling the fruits of the garden and collecting the house rent and rents on the lands. There is no dispute that the plaintiff, whose legal representatives are the present respondents, executed a contract of sale in favour of the second defendant, whereunder she agreed to convey the suit garden for a total consideration of Rs. 14,700.
(3.) The following issues framed by the learned District Judge reflect the main contentions on which the parties were at controversy :- "1. Has the Court jurisdiction to try the case ? 2. Was the defendant-1 agent of the plaintiff and did he manage the suit land along with other properties ? 3. Whether the defendant No. 2 paid Rs. 13,050 in all under the agreement ? 4. Whether the agreement of sale has been rendered invalid and unenforceable due to the non-compliance of the conditions of the agreements ? 5. Has Exhibit A. 5 (Exhibit D-9) been executed by the plantiff ? 6. Whether Exhibit A-5 (Exhibit D-9) is liable to penalty and is the sale deed according to its contents inadmissible in evidence being unregistered ? 7. Whether the transaction in the name of the second defendant is by way of benami and she has no concern with the suit lands ? 8. Is the plaintiff entitled to mesne profits and, if so, how much ? 9. What relief is the plaintiff entitled to ? ";

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