( 1 ) THIS Second Appeal is preferred by the plaintiff. His suit to set aside a summary order passed in E. A. No. 2158/45 in O. S. No. 389/45 and to recover possession of the suit land from the defendants, etc. , was dismissed by the Subordinate judge, Guntur, in appeal against the judgment of the District Munsif of Guntur decreeing the suit. The facts necessary to appreciate the points arising in this second Appeal may be briefly narrated. The plaintiff claiming to be a donee from one Ramayya filed O. S. No. 389/45 in the Court of the District Munsif, guntur, for ejectment and for arrears of rent against a lessee whose lease expired on 4th July, 1945. After obtaining the decree, the plaintiff went to take possession of the property in execution thereof. The third defendant putting forward a lease from the second defendant caused him obstruction. He unsuccessfully moved the Court for the removal of obstruction. This led him to institute the present suit.

( 2 ) THE second defendant is the widow of one Nagayya the brother of Ramayya who was the donor of the plaintiff, the first defendant being the widow of his donor. The gift is evidenced by Exhibit A-4, dated 24th May, 1943. Two yea

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