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1954 Supreme(Mad) 21

UMAMAHESWARAM, P.V.RAJAMANNAR
Eranki Narasimham – Appellant
Versus
Penumutchu Atcheyya – Respondent


Advocates:
K. Bhimasankaram for Appellant.
C. V. Dikshitulu for Respondents.

Rajamannar, C.J.-

This is an appeal under clause 15 of the Letters Patent Appeal against the judgment of Panchapagesa Sastry, J., dismissing S.A. No.1729 of 1947. The appeal arises out of a suit instituted by the Appellant for recovery of possession of certain property from the respondent. The main defence of the respondent was that the suit property was situated in a dharmila inam and therefore he had rights of occupancy. The ground on which the appellant sought to eject the respondent was that the respondent was in occupation under a lease for ten years dated 18th February, 1935, under which he was liable to pay a rent of Rs.120 per year but that he had committed default in payment of rent and in accordance with the provision in the lease the appellant had become entitled to recover possession of the land, that is to say, that the respondent had lost his rights by forfeiture. The appellant alleged that before suit he had issued a registered notice to the respondent intimating that he had forfeited his rights under the lease and calling upon him to surrender possession. The suit was decreed by the learned District Munsif of Kakinada. But on appeal the learned Subordinate Judge of K










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