Andhra Pradesh Court October 1963 Judgments
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Kusampudi Sunadra Rama Raju Vs. Official Receiver, Guntur and ors.
Court: Andhra Pradesh
Decided on: Oct-31-1963
Reported in: AIR1964AP299
Satyanarayana Raju, J.1. The 1st plaintiff is the appellant in this appeal which arises out of the judgment and decree of the Court of the Subordinate Judge, Bapalla, in Original Suit No. 4 of 1958. That was a suit for a declaration of the plaintiffs' title to the plaint schedule properties and for a permanent injunction restraining the defendants from laying any claim or dealing with the properties in any manner, and for rendition of accounts for the income of the suit properties from 1948-49 to 1956-57.2. The plaintiffs are the sons of one Peda Nagaraju and are residents of Khajipalem, in the Bapatla Taluk of the Guntur District. The 1st defendant is the Official Receiver, Guntur. The 2nd defendant is a resident of Kottarajulapalem, hamlet of Karlapatem, situated within the same District.3. The material facts which have given rise to this appeal may be briefly stated. An extent of Ac. 39-30 cents of land, partly situated in the village of Khajipalem and partly in Ganapavaram, origina...
Municipality, Nalgonda Vs. Hakeem MohiuddIn and ors.
Court: Andhra Pradesh
Decided on: Oct-30-1963
Reported in: AIR1964AP305
Jaganmohan Reddy, J.1. This appeal has been referred to the Bench by our learned brother, Manohar Pershad, J., as involving an important question relating to a reference under Section 25 of the Hyderabad Land Acquisition Act corresponding to Section 30 of Indian Land Acquisition Act. It appears that 35 guntas of land, 40 guntas making an acre, were acquired for building a civil supplies godown in 1954. Notices under Sections 3 and 5 were duly given and also individual notice was given to the Bahadur Khan Education Trust which appears to have been in possession of the land in question. An enquiry was held under Section 10 and a compensation of Rs. 4,235/- was fixed, but before an award could be passed three claimants put in application claiming to be entitled to compensation. The first application is by Ahmed Hussain made on 6-5-1356 F., which on enquiry was dismissed by the Collector. Then Abdul Karim made an application on 16-11-1358 F. This was also likewise dismissed. After this app...
Mirza Saif Ali Khan Vs. Board of Revenue, Govt. of Andhra Pradesh and ...
Court: Andhra Pradesh
Decided on: Oct-17-1963
Reported in: AIR1964AP448
Chandra Reddy, C.J.1. This is a petition under Article 226 of the Constitution, to quash the order of the Board of Revenue, D/- 6-1-61 reviewing its earlier order D/- 18-4-60.2. The proceedings giving rise to this petition were initiated by the second respondent in the shape of an appeal against the Order of the Jagir Administrator. The question that was agitated before the Board of Revenue was whether the hissedars were entitled to their sharai share only from the date of the decision of the Atiyat Appeals Committee or from the date of the Abolition of the Jagirs. It was held by the Jagir Administrator that between the two dates the hissedars were entitled only to guzaras of maintenance, i. e., from the date of the abolition of the Jagirs to the date of the determination of the Atiyat Appeals Committee. On 18-4-1960 the Board of Revenue though that the sharai share of the hissedars in the commutation amount between the dates mentioned above was a debt to be determined by the Jagirdars...
Ollala Ambiah Vs. Avadhanula Mallanna
Court: Andhra Pradesh
Decided on: Oct-17-1963
Reported in: AIR1964AP514
Chandra Reddy, C. J.1. This is an appeal, under Clause 15 of the Letters Patent, against the judgment of Sanjeeva Row Nayudu J., reversing that of the Subordinate Judge, Karimnagar, overruling the objections raised by the respondent to the attachment of a cattle shed, a house and some agricultural lands.2. In order to appreciate the contentions urged in this appeal, it is necessary to state a few material facts. The appellant obtained a decree against the respondent in O. S. No. 30/1 of 1953-54 and, in execution of that decree, attached a cattle shed in the village of Gummanur, a house situated in Manthena and agricultural lands (3 acres wet and 10 acres dry) belonging to the judgment-debtor and situated in the Gummanur village. The judgment-debtor filed objections to the attachment on the allegations that the shed and the house in question Tell within the exemption contemplated by Section 60 C. P. C. andthat the agricultural lands could not be sold in execution of a decree of Civil Co...
Pilla Appalanarasayya Patrudu Vs. N. Rajagopala Pillai and Co.
Court: Andhra Pradesh
Decided on: Oct-15-1963
Reported in: AIR1965AP13
Kumarayya, J. (1) This is an application under Articles 132 and 133 of the Constitution of India read with Rules 2 and 3 of Order 45 and Ss. 109 and 110 of the Civil Procedure Code, for leave to appeal to the Supreme Court against the judgment of this Court in A. S. No. 230 of 1959 dt. 13-10-1962. (2) The petitioner was one of the lessees from the zamindar of Madgole and Pachipenta, for collecting adda leaves in specified areas for a period of two years commencing from 1-7-53 to 30-6-1955. He sub-leased the same to M/s. Rajagopala Pillai and Co., for an annual lease amount of Rs. 10,000/- Several months after the expiry of the first year, dispute arose between the parties as to whether the agreement as entered into was for one year or full two years. The petitioner contended that the lease was only for one year, even though the respondent continued in possession for a longer period till the petitioner sent his agent, Subbarao, for collection of the leaves. He further contended that the...
Pasumarti Ramulu Vs. Nuthi Anantha Ramulu
Court: Andhra Pradesh
Decided on: Oct-14-1963
Reported in: AIR1966AP70
Krishna Rao, J.1. The plaintiff is the appellant. He brought the suit on 28-9-1958 for the specific performance of an agreement to sell the suit lands for Rs. 14,000, Ex. A-1 dated 21-10-1957, which was executed in bis favour by the defendant Under the terms of Ex. A-l, the defendant received a sum of Rs. 2,000 as earnest money and promised to get the permission of the Government and to execute the safe deed hi favour of the plaintiff. In his written statement, the defendant denied the agreement altogether and also contended that the alleged contract of sale was unenforceable by reason of Section 47 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act (XXI of 1950). The learned Subordinate Judge found, on a consideration of the evidence, that the defendant did execute Ex. A-1 and that he has also received a total sum of Rs. 5600 towards the purchase money. But he upheld the defendant's contention that the contract was not enforceable for want of the previous sancti...
Government of Andhra Pradesh Represented by Secy. to the Govt., Home D ...
Court: Andhra Pradesh
Decided on: Oct-04-1963
Reported in: AIR1964AP206; (1965)ILLJ34AP
Venkatesam, J.1. This is an appeal preferred by the Government of Andhra Pradesh, represented by the Secretary to Government, Home Department, Hyderabad, against the decision of the II Additional Chief Judge, City Civil Court, Hyderabad, in O. S. No. I of 1958 on his file. 2. This appeal raises the question whether the order of compulsory retirement passed against Mo-hammed Mominuddin, Ex-District Magistrate and Judge (hereinafter referred to as the respondent) by the Government of Hyderabad is illegal, ultra vires, and null and void. The trial Judge declared that the said order is illegal, that the respondent must be deemed to be in service till 31-5-1960, the date of his superannuation, and, as a consequence thereof, granted a decree for arrears of salary and other reliefs. 3. Being aggrieved by this decision, the Gov-ernment of Andhra Pradesh, have preferred this appeal. 4. For a proper appreciation of the questions in controversy it is necessary to state the material facts : The re...
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