( 1 ) HEARD both sides.

( 2 ) THIS second appeal is directed against the judgment of the II Additional district Judge, Warangal dated 20-1-1997 rendered in AS No. 68 of 1990 under which the appeal against the judgment of the ii Additional Senior Civil Judge, Warangal dated 5-11-1990 in OS No. 41 of 1982 has been dismissed. The defendant is the appellant herein. The suit of the plaintiffs for eviction of the defendant from the suit property has been decreed by the trial court.

( 3 ) THE facts leading to this appeal may be stated briefly as follows : the plaint schedule property is a strip of land measuring 95. 5 feet x 19 feet situated behind a petrol bunk with house No. 9/981 abutting JPN Road, previously called as prince Mukaramjahi Road. The plaint schedule property is admittedly a part of the whole property to an extent of 1902 square yards consisting of a building, vacant site and a petrol bunk situated to the west of the aforesaid JPN Road, Warangal. The constructed portion of the building is located to the extreme west of the whole site with h. No. 9/859. The vacant portion of the site to an extent of 421. 7 square yards was occupied by a petrol bunk leaving a space of 13. 7" on the northern side of the petrol bunk for ingress and egress, to reach the building located on the west with H. No. 9/ 859. This whole of the property including the petrol bunk was owned by one Yerrabelli venkateswar Rao and his four brothers besides another by name Yerrabelli muralidhar Rao. While so, the defendant in the suit which is an educational society under the name and style of the Mahabubia educational Society, Warangal secured a lease as a month to month tenant for running a school in H. No. 9/859 with appurtenant site and also the way to reach JPN Road on the east through a passage of about 13 . 07" located to the north of the petrol bunk site which was also leased out by the same landlords. Both leases were very old and the defendant agreed to pay a monthly rent of Rs. 55/- to the landlords for the building they have occupied for running the school with appurtenant site and passage to reach the road.

( 4 ) IN 1962, the landlords of the whole property intended to sell away the said property and as the extent of the property is very huge and especially the same is located in the heart of Warangal city, they intended to sell the property by entrusting the same to some real estate people who had experience in purchase and sale of the immovable properties. Accordingly, the landlords appointed one Sri R. Rami Reddy, advocate of Hyderabad as General Power of Attorney holder to dispose of the properties who in turn appointed the auctioneer of Kachiguda, Hyderabad to auction the aforesaid premises. They have divided the property into four bits as shown in the annexed plan. The auctioneers made divisions in the property admittedly to the knowledge of the defendant who was the tenant in respect of H. No. 9/859 wherein a school was run. The plaint schedule property which is a strip of land of a width of 19 feet and a length of 95-1/2 is annexed to the petrol bunk site to an extent of 421. 7 square yards and the auctioneers designated the said property as plot No. 1 to a total extent of 622. 7 square yards. To the west of the plaint schedule property and to the east of the building with H. No. 9/859, they created a passage of 13 feet wide bifurcating the plaint schedule property from the building occupied by the defendant as a tenant. The northern most part of the building with h. No. 9/859 was identified as plot No. 2. The main building with H. No. 9/859 was bifurcated into northern portion and southern portion and were designated as plot Nos. 3 and 4.

( 5 ) ADMITTEDLY, the defendant also intended to participate in the auction for purchase of the properties and they are said to have nominated one Veerabhadra Rao son of Ramachandran who was the treasurer of defendant-institution as their agent to participate in the auction of the pro