Case: Dondeti Copi Reddy and Others Vs. Shri Anjaneya Swamyvaru Agraharam and Another

The lands belonged to two temples which brought the present suits against the appellants for possession of the lands and for mesne profits on the allegation that the appellants were trespassers2. We are in agreement with the High Court that since the lessor was, at the highest, a de facto trustee, he had no power to lease the lands. In that view the appellants would be no better than trespassers and have been correctly held by the High Court no to be tenants. There is no credible evidence to show that the trustees of the temples had, at any time, by word or conduct, accepted the appellants as tenants.

Reasoning: But we find it difficult to entertain counsels submission for the reason that is being made for the first time in this Court and it would be necessary to investigate into fresh facts for the purpose of determining the validity of that submission. The point which the counsel is attempting to make before us appears to have been taken in the written statement but the appellants never asked the trial Court to raise any issue on that point. In the absence of any issue it is impossible to say that there is any evidence, properly so called, showing that a tenancy agreement had come into existence between the parties by implication. In any event the landlords had no opportunity to meet such a case. If they had notice of such a case, they might conceivably have led evidence to show that the allegation made by the appellants had no foundation in fact.