JUDGMENT:

This appeal is preferred against the judgment and decree, dated 09.02.2010, passed in O.S.No.5 of 2004 on the file of the Court of Senior Civil Judge, Avanigadda.

2. The pleadings of the parties, in brief, are as follows:

The plaintiff, by name, Sri Durga Malleswara Swamy temple, auctioned the paddy payable to it towards rentals for 2002-2003 by its tenants on 21.12.2002 within the premises of Sri Subrahmanyeswara Swamy temple, Mopidevi. All the bidders were made known about the terms of auction, and as per the terms, the highest bidder alone is responsible for any loss caused to the paddy after it was taken possession. The plaintiff is also not responsible for any shortage in the quantity of paddy. Though, as per term No.13 of the terms of auction, the highest bidder has to pay interest at 24% per annum on the amount due if he does not pay before 15.02.2003, the rate of interest was reduced to 12% per annum as per term No.17, as per the wishes of the bidder. The plaintiff was declared as the highest bidder for a sum of Rs.745/- per bag of 75 Kgs., in respect of B.P.T variety of paddy and for a sum of Rs.555/- per bag of 75 kgs., in respect of ordinary variety of paddy. The