Andhra Pradesh Court December 1954 Judgments
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K. Lakshmikantayya and anr. Vs. M. Nagayya (Died) and ors.
Court: Andhra Pradesh
Decided on: Dec-23-1954
Reported in: AIR1955AP188
(1) The Second Appeal is brought by the defendants against the judgment of the Subordinate Judge of Guntur confriming that of the District Munsif of Guntur in O. S. No. 365 of 1946, granting specific performance of a part of suit contract.(2) The plaint contained the following allegations : Defendant 1 entered into a contract with the plaintiff by writing dated 24.6.1943 for the sale of 4 acres 3 cents for a sum of Rs. 2,438-0-0 at the rate of Rs. 605/- per acre. On the date of the agreement, Rs. 250/- was paid by way of advance and the balance was to be paid within a year. Subsequently, defendant 1 failed to execute a sale deed and recive the balance of consideration in spite of repeated demands, and allowed a portion of the subject-matter viz., 2 acres and 38 cents to be sold in execution of a decree obtained against him.This property wa purchased by the plaintiff in court auction for Rs. 1,000/-. Later on the plaintiff required defedant 1 to fulfil the terms of the contract in regar...
In Re: Chunduru Venkata Subrahmaniyam
Court: Andhra Pradesh
Decided on: Dec-17-1954
Reported in: AIR1955AP74
Subba Rao, C.J.(1) Rajagopala Iyengal, J. of the Madras High Court placed the papers in the above matter before the Chief Justice of that Court for constituting a Full Bench as the learner Judge felt that there was a conflict between the two Full Bench decisions in -- 'Kayambu Pillai, In re', AIR 1941 Mad 836 (FB) (A) and -- 'Satyanarayanacharyulu v. Ramalingam', AIr 1952 Mad 86 (FB) (B). After the constitution of the Andhra High Court, the case was transferred to this Court and the Full Bench was accordingly constituted.(2) The petitioner filed a suit in the Court of the Subordinate Judges, Tenali, in forma pauperis' for recovery of possession of the plaint schedule properties and for mesne profits. The suit was valued at Rs.9443-12-0 for purposes of court-fee and jurisdiction, and a court-fee of Rs.632-7-0 was payable thereon. At first, an application for leave to sue in forma pauperis was granted and the suit was numbered as O. S. No. 40 of 1951. Subsequently, he was dispaupered, as...
Abbireddigari Rami Reddi and ors. Vs. Atla Rosamma and ors.
Court: Andhra Pradesh
Decided on: Dec-17-1954
Reported in: AIR1955AP232
Subba Rao, C.J.(1) As the reference was necessitated by the decision of a Division Bench of the Madras High Court ocnsisting of Mack and Krishnaswamy Nayudu JJ., in -- 'Venkateswarlu v. Challaiya, : AIR1953Mad551 (A), it will be convenient, at the outset, to scrutinise the facts of that case and the principles enunciated therein. The proved facts of that case are: The last male-holder, Pichayya, died 60 years prior to the suit, leaving the 20th defendant, a childless widow.Defendants 1 and 2 were the sister's sons of Pichayya. The widow surrendered her husband's estate in favour of defendants 1 and 2, the nearest reversioners. To effectuate the transaction, the widow, Pichayya's sister and the mother of defendants 1 and 2 jointly executed a surrender deed in favour of defendants 1 and 2 conveying all the properties of Pichayya subject to the condition that the reversioners should pay the widow a sum of Rs.2,000/- towards her maintenance and for religious purposes.Immediately after the ...
Viswanadhuni Venkatakondayya Vs. Election Commissioner, Kanigir and or ...
Court: Andhra Pradesh
Decided on: Dec-16-1954
Reported in: AIR1955AP109
ORDER(1) This is an application under Art. 226 of the Constitution to call for the records in O.P. No. 14 of 1953 on the file of the Election Commissioner, Kanigiri and to issue a Writ of Certiorari quashing the order therein dated 22.3.1954. (2) At an election held on 17.3.1953 for the membership of the Panchayat Board of Kanigiri V. Ward, the petitioner, respondent 2 and two others were the contestants. The petitioner was declared elected as having secured the majority of the votes polled at the election.(3) Respondent 2 filed an election petition O. P. No. 14 or 1953 for a declaration that the election of the petitioner is null and void. The Election Petition set out verious irregularities, corrupt practices and illegalities, but the important allegation made in the petition was that the petitioner did not attain the competent age to be an elector entitled to vote or stand for election and that, therefore, the petitioner's election must be set aside.(4) The Election Commissioner, Ka...
Muragani Ramalingam Vs. Kondapalli Gurumurthy Reddy
Court: Andhra Pradesh
Decided on: Dec-16-1954
Reported in: AIR1955AP85
ORDER(1) This petition raises an important question as to the power of the High Court under Arts. 227 and 228, Constitution of India to transfer an application filed under the Madras Buildings (Lease and Rent Control) Act from the file of the Rent Controller to the High Court.(2) The second respondent before the Rent Controller is the petitioner is this petition. The respondent in the present petition filed B. A. P. No. 3 of 1953 on the file of Rent Controller, Gudivada, under S. 4, Madras Buildings (Lease and Rent Control) Act, 1949, on 11.2.1953 for the fixation of fair rent. On 24.3.1953, the petitioner herein filed his counter. The petition was enquired into. The respondent's counsel concluded his arguments on 27.10.1954. On that day, the respondent (Petitioner herein) filed an application under O. 27-A, Civil P. C. before the House Rent Controller. That petition is pending. On 29.10.1954 the present petition has been filed in this Court. (3) It is alleged by the petitioner that th...
Ankam Madhava Rao and ors. Vs. the Andhra State Government, Kurnool an ...
Court: Andhra Pradesh
Decided on: Dec-15-1954
Reported in: AIR1955AP123
ORDER(1) This is a petition under Art. 226 of the Constitution of India to call for the records and to issue a Writ of Certiorari quashing the Order of the Government of Andhra in G. O. R. No. 421 dated 12-8-1954.(2) The facts which have given rise to this writ petition and which are either admitted or proved may be set out in their chronological sequence. (3) The four petitioners in this Writ Petition and one B. M. Rao (3rd respondent) have been partners and lessees of a cinema theatre called Sri Kesari Picture. Eluru, under a registered lease deed, dated 9-11-1947, executed in their favour by the owner. The lease provides for a rent of Rs.550. per month and is to subsist for a period of ten years. The petitioners, B. M. Rao, (3rd respondent) and the owner of the theatre filed O. S. No. 2 of 1948 on the file of the District Court of West Godavari, for possession of the cinema theatre. There was a decree in their favour, which was confirmed by the High Court of Madras in A. S. No. 549 ...
Doredla China Kotayya Vs. Sub-collector of Bezwada, Referring Officer
Court: Andhra Pradesh
Decided on: Dec-15-1954
Reported in: AIR1955AP286
Bhimasankaram, J . (1) These are two appeals under S. 54, Land Acquistion Act (1 of 1894) against the awards passed by the learned Subordinate Judge of Vijiawada on reference under Ss. 18 and 19 of the said Act. (2) Appeal No. 223 of 1950 is an appeal by the second petitioner in O. P. No. 38 of 1942 (Sub-Court, Vijiawada) while Appeal No. 337 of 1950 is an appeal arising out of the same O. P. and filed by the respondent therein (Sub-Collector, Vijiawada Referring Officer). There is also a Memorandum of Cross Objections by respondents 1 and 3 to 5 in the same O. P. filed in Appeal No. 337 of 1950. Appeal No. 223 of 1950 is concerned with the acquisition of N. T. S. No. 339/6-A and 339/6-B. These acquisitions have been made at the instance of the Commissioner of Vijiawada Municipality for widening what is known as the Tammanavari lan. Out of 339/6-A, 93 square feet have been acquired. It is a vacant site without a structure. Out of 339/6-B which consits of a site and a structure with thr...
In Re: Adapa Hanumantha Rao
Court: Andhra Pradesh
Decided on: Dec-14-1954
Reported in: 1957CriLJ925
ORDERSubba Rao, C.J.1. The petitioner was convicted by the Stationary Sub-Magistrate, Tenali under Section 411, Indian Penal Code and sentenced to undergo rigorous imprisonment for three months. A revision was filed against that order, but that was dismissed by Umamaheswaram J. It is represented to me that Umamaheswaram J., made some observations in dismissing the revision, that the . proper course was for the petitioner to approach the Sub-Magistrate for making an order under Section 562(1), Criminal Procedure Code. But there is no record of any such observations.The petitioner filed an application for releasing him on probation of good conduct to the successor of the Sub-Magistrate, who sentenced him to three months rigorous imprisonment. The Sub-Magistrate dismissed it on the ground that he was not competent to revise the previous order made by his predecessor. The above revision has been filed against that order.2. The learned Counsel for the petitioner contends that under Section ...
Vishakapatnam Co-operative Motor Transport Society Ltd. Vs. M. Subba R ...
Court: Andhra Pradesh
Decided on: Dec-10-1954
Reported in: AIR1955AP175
ORDER(1) This is a petition under Art. 226 of the Constitution of India for the issue of a Writ of Certiorari to call for the records in Case No. 482 of 1953 on the file of the Commissioner for Workmen's Compensation of Andhra at Madras and to issue an appropriate writ quashing the orders of the Commissioner for Workmen's Compensation.(2) A preliminary objection was raised by the respondents' Advocate that the Writ Petition is not maintainable in as much as the Commissioner for Workmen's Compensation has his office at Madras, outside the territorial juririsdiction of the High Court of Andhra.(3) Following the decisions of the Supreme Court in -- 'Election Commr., India v. Saka Venkata Rao', : [1953]4SCR1144 (A) the learned Chief Justice of Andhra held in -- 'V. Janaiah v. Board of Revenue, Andhra', (S) AIR 1935 Andhra 23 (B) that the Board, which is situated in the City of Madras, is not within the area of the Andhra State over which the Andhra High Court has jurisdiction and that no W...
Mohd. ShamsuddIn Vs. Noor Jahan Begum
Court: Andhra Pradesh
Decided on: Dec-06-1954
Reported in: 1955CriLJ950
Siadat Ali Khan, J.1. These are two revision petitions Nos. 250 and 256/6/1954. The Munsif Court, Armoor, by order dated 3-12-1953, directed that the petitioner No. 3, Noor Jehan Begum, should be given a maintenance allowance of Rs. 20/- per month and petitioner No. 1, Niamat Bi alias Ahmed Bi and petitioner No. 2, Moinuddin, are not entitled to any maintenance. Hence these revision petitions, one by Niamat Bi and Moinuddin, and another by the husband, Shamsuddin. They were first heard by a Single Bench of this Court which has by order dated 25-6-1954, referred the whole case to a Division Bench. We have perused the order of reference and heard the arguments of the learned advocates of the parties.2. It is admitted that the husband Shamsuddin divorced his wife, Ahmed Bi, on 6-7-1952, and the petition for maintenance was filed after 5 days of this on the 12th. His learned advocate, Shri Abdul Khair Siddiki, therefore, argued that as the jurisdiction of the Court Under Section 488 depend...
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