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Andhra Pradesh Court February 1962 Judgments

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Feb 20 1962

Kuppa Viswapathi Vs. Kuppa Venkata Krishna Sastry

Court: Andhra Pradesh

Decided on: Feb-20-1962

Reported in: AIR1963AP9

Chandra Reddy, C.J.1. This is an appeal under Clause 15 of the Letters Patent against the judgment of Sanjeeva Row Nayudu, J. in Appeal Suit No. 184 of 1957.2. The facts of the case lie in a very narrow compass and are not in dispute. O. S. No. 25 of 1956 on file of the Subordinate Judge's Court, Tenali was instituted by one Kuppa Venkata Krishna Sastri claiming to be the reversioner to the estate of one Kuppa Lakshminarayna, who died in or about the year 1926, leaving behind him his widow, Lakshmi Narasamma, questioning the factum and validity of the adoption of Viswapathi, the appellant herein, made by Lakshmi Narasamma on 27-8-1953.3. To this suit were impleaded the adopted son as the first defendant and the adoptive mother as the second defendant.4. Pending the suit, the Hindu Succession Act (XXX of 1956) came into force (17-6-1956). By virtue of Section 14 of that Act, the property possessed by a female Hindu, whether acquired before or after the commencement of the Act, became he...


Feb 20 1962

Duvvara Latchandhora (Died) by Lrs. Venkanadhora and ors. Vs. Duvvari ...

Court: Andhra Pradesh

Decided on: Feb-20-1962

Reported in: AIR1963AP31

1. These two appeals arise out of O.S. No. 63 of 1950 instituted by the respondents 1 to 3 in A.S. No. 328 of 1953 who are also appellants in A.S. No. 682 of 1953, for partition of their family properties set out in plaint Schedules A, B and C into three shares and to allotment to them of one such share, and for future profits, in that suit original 33 defendants had been imp leaded and on the death of defendant No. 32, his legal representatives were, during the pendency of the action, imp leaded as defendants 34, and 35. Defendants 1 to 12 are members of the other two branches of Duvvari family entitled along with the plaintiffs to their respective shares in the family estate. The other defendants are yearly tenants cultivating some of the family lands on terminable leases. One Panthala Venkanna and two others filed O.S. No. 143/50 for the partition of the properties belonging to the Duvvari family and for the allotment of 1/4 share thereof to the plaintiffs upon the footing that the ...


Feb 16 1962

Zainab Begum Alias Varalakshmi Vs. Khursheed Begum and ors.

Court: Andhra Pradesh

Decided on: Feb-16-1962

Reported in: AIR1963AP370

Satyanarayana Raju, J. 1. This is a petition, under Section 115 of the Code of Civil Procedure, to revise an order made by the Chief Judge, City Civil Court, Secunderabad, rejecting the petitioner's application for leave to sue in forma pauperis. 2. For a better appreciation of the background of this litigation, it is convenient to give a brief resume of the antecedent events. Nawab Sir Salar Jung, a wellknown nobleman o Hyderabad, died intestate on March 2, 1949, leaving behind him besides extensive Jagir properties, a personal estate of considerable value. On May, 23. 1949, the Military Governor issued Regulation No. 34 of 1358 Fasli, constituting a Committee, known as the Salar June Estate Committee, to administer the assets of the Nawab within the territory of the erstwhile State of Hyderabad. A little later, H. E. H. the Nizam constituted a Commission consisting of two Judges of the High Court, to hold an enquiry regarding WIRASAT to the estate of the Nawab with regard to his Jagi...


Feb 15 1962

Pangoti Mangarao Vs. Chinnadi Kishan Rao

Court: Andhra Pradesh

Decided on: Feb-15-1962

Reported in: AIR1965AP98

Chandra Reddy, C.J.(1) This appeal filed by the 2nd defendant in O. S. No. 11/1 of 1945, Sub Court, Karimnagar, under Clause 15 of the Letters Patent is directed against the judgment of Srinivasachari J. in Appeal No. 495 of 1957.(2) The essential facts may be shortly stated as follows: One Pingle Venkatarama Reddy, who had an abkari contract, entered into an agreement with the present plaintiff and defendants 1 to 3 under which a sublease of that contract was obtained by the latter as evidenced by a document marked as Ex. 1. On the basis of this agreement, Venkatarama Reddy filed a suit for the recovery of a sum of Rs. 8658-8-0 with interest thereon as against the plaintiff and the defendants herein. This claim was contested by the present plaintiff as well as the defendants, inter alia, on the defence that the suit agreement was not executed by them. It is unnecessary to follow the career of that litigation except to state that ultimately the erstwhile High Court of Hyderabad, before...


Feb 15 1962

Bhuvaneshwari Rice Mill (by T. Satyanarayana, Manager) Vs. Mannava Pul ...

Court: Andhra Pradesh

Decided on: Feb-15-1962

Reported in: (1962)IILLJ29AP

Sanjeevarao Nayudu, J.1. This appeal is directed against the judgment and order of the Commissioner for Workmen's Compensation, Andhra Pradesh, Hyderabad, dated 26 September 1959, in W.C. Case No. F. 96 of 1959 on the file of the said Court.2. The deceased Nagendram was employed to cart rice bags from the mill of the appellants to the railway station, for purposes of loading the same into the wagons. On 9 March 1958 he bad taken a load of rice bags in his cart from the appellants' rice mill to the railway station and having unloaded the same was bringing his cart back to the rice mill premises of the appellants apparently for the purpose of taking a further load. As he was pulling the cart along the public road, a lorry dashed against him and be died on the spot. The father of the deceased preferred a claim for compensation under the Workmen's Compensation Act of a sum of Rs. 3,000. The learned Commissioner accepted the evidence furnished by the appellants that the workers of the type ...


Feb 15 1962

Sirigiri Pullaiah Vs. Sirigiri Rushingamma

Court: Andhra Pradesh

Decided on: Feb-15-1962

Reported in: AIR1963AP323

Chandra Reddy, C.J. 1. This is an appeal against the order of the Additional District Judge, Anantapur, dismissing a husband's petition under Section 13(1)(i) and Section 10(1)(a) of the Hindu Marriage Act for dissolution of marriage between the appellant and the respondent, or In the alternative for a decree for judicial separation.2. The appellant, who was the petitioner In the lower Court, and the respondent were married in or about the year 1943. They lived happily, for three years. It appears from the petition that, subsequently, the wife deserted the petitioner to lead a life of immorality and that, in fact, she had been living in adultery with one Sivayya: Originally, the petition was one under Section 13(1)(i). But after the trial of the case had begun and three witnesses were examined, the appellant sought the permission of the Court to amend the petition claiming relief of judicial separation under Section 10(1)(a) of the Hindu Marriage Act. It was alleged in the petition for...


Feb 14 1962

Vallabhaneni Neelakanteswara Rao and ors. Vs. Sri Edupuganti Raghavend ...

Court: Andhra Pradesh

Decided on: Feb-14-1962

Reported in: AIR1963AP20

Chandra Reddy, C.J. 1. This letters patent appeal is filed by defendants 1 to 3 against the judgment of Srinivasachari, J., in appeal suit No. 476 of 1956 confirming that of the Subordinate Judge, Gudivada in O. S. No. 54 of 1953. 2. The appeal arises out of an action laid in the name of Sri Edupuganti Raghavendra Rao Memorial High School Committee represented by its Secretary, Adusumilli Aswadhanarayana Chowdary and member Sri Edupuganti Raghavendra Rao Memorial High School Committee for directions to the defendants to submit an account of the monies entrusted to Vallabhaneni Bapayya Chowdary, father of defendants 1 to 3, for erecting a building for the High School. 3. For an appraisal of the contentions urged in this appeal, it is necessary to give a brief statement of facts. 4. In the year 1945, the residents of Gudlavalleru, Krishna District, decided to establish a High School in the village to be named after Sri E. Raghavendra Rao, who acted once as the Governor of the then Centra...


Feb 13 1962

In Re: B.N. Murthy

Court: Andhra Pradesh

Decided on: Feb-13-1962

Reported in: 1963CriLJ650

Anantanarayana Ayyar, J.1. These two appeals are against the judgment of the Special Judge, S.P.E. Cases, at Secunderabad in C.C.No. 19 of 1959 on his file. There were three accused in that case namely B.N. Murthy, the appellant in C.A. No. 394 of 1960, who was A-1; C. Narayana, the appellant in C.A. No. 397 of 1960, who was A-2 and D.K. Chandraiah, who was A-3. A-3 was acquitted by the lower Court and we are not concerned with A-3 in these proceedings since there is no appeal relating to him.2. Six charges were framed against the accused as follows:Charge No. Accused Section 1. A1 to A3 Under Section 120-B, I.P.C alleging that the three ac- cused conspired together with the object of depriv- ing the Central Govern- ment of its legitimate re- venue by A-1 issuing bogus permits and making illegal transport of tobacco and with the object of cheating one Bhupathi Chetty of Madras by making him part with monies 2. A-l. Under Section 5(2) read with Section 5 (I) (d) of the Prevention of Co...


Feb 12 1962

Mahboob Bi Vs. Alvala Lachmiah

Court: Andhra Pradesh

Decided on: Feb-12-1962

Reported in: AIR1964AP314

Munikannaiah, J.1. This revision petition against the orders of the Chief Judge, City Small Causes Court, Hyderabad, has been filed by the 'Landlord' under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.2. The facts leading up to this revision petition are the following: The petitioner filed Case No. 1154/60/EV before the Rent Controller, Hyderabad, against the tenant for eviction of the tenant from house bearing No. 22-1-277 (old No. 3894) situated at Anduroon Chaderghat. Tha 'Landlord' who is a woman alleged that the tenant has denied her title and wilfully defaulted to pay the rent. She also complained that the tenant has un-authorisedly sub-let portions of the house. She also maintained that the house was bona fide required for use as her residence.3. The Rent Controller considered that the refusal of the tenant to receive notice of the proceedings sent by registered post entitled him to set the tenant ex parte and proceed to consider the ap...


Feb 09 1962

Dwarampudi Nagaratnamba Vs. Kunuku Ramayya and anr.

Court: Andhra Pradesh

Decided on: Feb-09-1962

Reported in: AIR1963AP177

Kumarayta, J.1. These are three appeals arising out of three separatt suits. A. S. No. 89 of 1957 is from the judgment and decree passed in O. S. No. 12 of 1954 whereby the suit of the plaintiffs for delivery of suit A and B schedule properties with profits thereon has been dismissed against the defendant with costs. A. S. No, 558 of 1957 is from the judgment and decree passed in O. S. No. 62 of 1954 brought by the defendant (in O. S. No. 12 of 1954) for recovery or Rs. 2,300/- towards past profits from 1949 to 1953 at the suit schedule properties which suit also has been dismissed with costs. A. S. No. 157 of 1957 is from the judgment and decree in O. S. No. 63 of 1954 brought by the defendant (in O. S. No. 12 of 1954) for general parti-tion of the joint family properties of plaintiffs 1 to 4 and their father into five equal shares and allotment of one such share to Venkatacharyulu Ayyavarlu and his legal representative, defendant No. 5, directing, at the same time, that in such parti...


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