ROMAN CATHOLIC MISSION DEPRESSED TENANTS CO OPERATIVE SOCIETY AND Vs. NAYUDU KOTAYYA
HIGH COURT OF ANDHRA PRADESH
ROMAN CATHOLIC MISSION DEPRESSED TENANTS CO-OPERATIVE SOCIETY
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(1.) This appeal is filed by defendants to 4 in O. S. 29 or 1948 on the file of the Subordinate Judges Court of Guntur. It relates only to costs and mesne profits.
(2.) The suit was instituted against the Provincial Government of Madras, represented by the District Collector, and the tenants defendants 2 to 4 for possession of suit propoerties for mesne profits, past and future. the basis of the suit was that the suit properties of an extent of about 12 acres,belonged to the plaintiffs. They are lanka lands, which were submerged under the Krishna river several years back but reappeared in or about the year 1943. They adjoin the lands belonging to the 1st defendant. Under a mistakenimpression that these and some other lanka lands were part of the Government lankas, the 1st defendant included them in a lease granted by him to defendants 2 to 4 on 7-9-1944, for a period of three years. Subsequently, the plaintiffs, with a view to have the title to the suit properties ascertained, requested the Government to have a survey of these lands ordered. This request was complied with and the survey disclosed that the suit lands before immersion were the properties of the plaintiffs. Therefore, by his proceedings, dated 25-2-1947, the Collector, Guntur, directed that these lands should not be included in the lease for the next period.In pursuance of this communication the plaintiffs tried to obtain peaceful possession of these lands from defendants 2 to 4 but failed even after the expiry of the lease, owing to the obstructive attitude of defendants 2 to 4. This obliged the plaintiffs to file the suit for the reliefs mentioned above. The 1st defendants plea was that the suit lands belonged to the plaintiffs, that he had no objection to their taking possession of the same, that the lessees, though liable to vacate it by 30-6-1947 the date of the expiry of the lease, wilfully and unauthorisedly occupied the same in contravention of terms of the lease, and that, therefore, the 1st defendant was not responsible for the consequences of the unauthorised occupation of defendants 2 to 4 and that in those circumstances no liability could be fastened on him either with regard to mesne profits (except as to actual proportionate rental received by him on the suit lands) or costs.The real contesting defendants to the suit were defendants 2 to 4. They resisted the suit denying the right of the plaintiffs to the lands in question. They also disputed their liability to pay mesne profits on the ground that the lands were leased out to them and "they were tenants holding over with the bona fide belief that fresh leases would be granted to them for a further period of three years."
(3.) The trial Court decreed the suit in toto with costs against all the defendants. Mesne profits were awarded at the rate of Rs.50/- per acre as claimed by the plaintiffs, masking all the defendants joinly and severally liable in respect thereof. Defendants 2 to 4 have preferred this appeal confiming it to mesne profits and costs as already mentioned, and impleading the State of Madras as one of the respondents.;
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