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1949 Supreme(Mad) 327

VISWANATHA SASTRI
Korada Atchanna – Appellant
Versus
Jayanti Seetharamaswami – Respondent


Advocates:
C.V. Dikshitulu for Appellant.
D.V. Reddi Pantulu for Respondent.

Judgment

The defendant is the appellant in this second appeal. The suit was filed by a landholder for ejectment of his tenant on the expiry of the term of his lease and for rent. The appellate Court passed a decree in ejectment, but dismissed the claim for rent on the ground that it was congnizable only by the Revenue Court. The tenant has preferred this second appeal against the decree in ejectment while the landlord has preferred a memorandum of cross-objections regarding the disallowance of the claim for rent. The land which is the subject-matter of the suit is part of and situated in a whole mam village which became an “estate” by reason of Madras Act XVIII of 1936. In O.S. No. 197 of 1933, on the file of the District Munsif’s Court, Vizianagaram, the landholder obtained a decree, dated 5th July, 1933, for ejectment of the tenants then occupying the land without any contest on the part of those tenants. The defendant was let into possession of the land by the plaintiff on 26th June, 1936, under a kadappa for a year but the lease was renewed subsequently every year till 1943. The present suit for ejectment and rent was brought in 1944 on the expiry of the term of last kadappa, da










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