HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Miscellaneous Appeal No.441 of 2013 Date: 03-12-2014 Between:
Ajjarapu Venkata Ramayya and 2 others .. Appellants AND Vundurthi Bala Raju and another .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Civil Miscellaneous Appeal No.441 of 2013 ORDER:
This appeal is filed aggrieved by the order dated 05-12- 2012 passed by the Senior Civil Judge, Kothapeta, East Godavari District in I.A.No.663 of 2012 in O.S.No.65 of 2012, whereby and whereunder the petition filed under Order 40 Rule 1 of CPC for appointment of a receiver to take possession of the property and to manage the same was dismissed.
2. The brief facts of the case leading to the appeal are that the appellants/plaintiffs filed the suit for recovery of possession of the plaint schedule properties after ejecting the defendants therefrom. Pending the suit, the appellants/plaintiffs filed I.A.No.663 of 2012 for appointment of a receiver on the allegation that the respondents/defendants are committing acts of waste, changing the bunds in collusion with neighbours and that they are openly proclaiming that the plaintiffs would not get the property or income therefrom. The Court below dismissed the said application mainly on the ground that if a receiver is appointed, he takes the property into his possession and it would deprive livelihood of the defendants. Aggrieved by the said order, the present C.M.A. is filed.
3. When the matter came up for hearing, it appears that the appeal was adjourned several times to ascertain how much amount the respondents/defendants can pay an amount towards rent for enjoyment of the suit schedule premises, and the learned counsel for the respondents/ defendants states that the respondents/defendants are able to pay 15 bags per acre towards rent for enjoyment of the suit schedule premises, for which the learned counsel for the appellants/plaintiffs produced the certificate issued by the Executive Officer, Sri Bandaru Perammagari Swamygari Annadana Samajam, Vadapalem village, Kothapeta Mandal, East Godavari District wherein the leasehold of temple lands in the adjacent village were auctioned fetching the cist equivalent to 44.85 bags per acre. Even though the respondents/defendants admitted that they are tenants of the appellants/plaintiffs and enjoying the suit schedule premises @ 15 bags per acre, they have not paid any amount and that when once the respondents/defendants admitted that they are tenants of the appellants/plaintiffs, they are obligated to pay appropriate rent for enjoying the premises and that the respondents/defendants have come forward to pay certain amount for enjoying the suit schedule premises.
In the facts and circumstances of the case and in view of the certificate issued by the Executive Officer, Sri Bandaru Perammagari Swamygari Annadana Samajam, Vadapalem village, Kothapeta Mandal, East Godavari District, I deem it fit and proper that fixing of 30 bags per acre towards rent payable by the respondents/defendants for enjoying the suit premises to the appellants/plaintiffs is just and reasonable and consequently, the respondents/defendants are directed to pay 30 bags per acre per annum towards rent to the appellants/plaintiffs for enjoyment of the suit premises till disposal of the suit including arrears of rent, if any, payable from the date of the suit. If the respondents/defendants fail to pay the same within eight (8) weeks from the date of receipt of this order, their defence in the suit can be struck off and the suit shall be proceeded accordingly.
Accordingly, the appeal is disposed of. However, the trial Court shall make every endeavour for disposal of the suit as expeditiously as possible. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 03-12-2014 Ksn