( 1 ) THIS is an appeal by the plaintiff from the judgment and decree of the District Judge, East Godavari given on 10-8-1963 whereby the learned Judge allowed the appeal and dismissed the plaintiff s suit.

( 2 ) THE essential facts are that the plaintiff filed the suit for recovery of possession of the suit land admeasuring 3 acres and 30 cents and for recovery of the value of the crop of Rs. 800. 00 alleged to have been removed by the defendant in 1959. He also claimed damages for use and occupation for two years 1959-60 and 1960-61 at Rs. 800. 00 a year and also claimed future profits. It was alleged inter alia that the defendant married Suryavathi, the sister of the plaintiff, in 1956. She unfortunately died in 1960 leaving behind her two children. The plaintiff claims that he purchased the suit land on 3-7-1955 on the basis of a sale deed, Exhibit A-2, from a third person and since then has been in possession of the land in his own right. The land is situated at the village Thotapeta, a place where the defendant lived. He therefore asked the defendant to cultivate the land through his farm-servants. Taking advantage of the marriage with the plaintiff s sister,