Andhra Pradesh Court March 1963 Judgments
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Kakumani Rathiah and ors. Vs. Pathan Asha Bibi and ors.
Court: Andhra Pradesh
Decided on: Mar-05-1963
Reported in: AIR1964AP393
1. This second appeal has been referred to us by our learned brother, Basi Reddy J., as it involves an important question of law as regards the true construction of Section 10 and Articles 134, 134-A and 134-B of the Limitation Act.2. The brief facts for purposes of determination of this question involved in the case may now be stated. The respondents have filed a suit for recovery of the suit schedule properties and for mesne profits and for future rents on the ground that the mutawallis were not empowered to grant the lease for more than three years. In the instant case, the leases that were granted by Mutawallis under Ex. B. 16, dated 21-5-1873 were for 92 years and under Ex. A-2 dated 16-1-1931 for 36 years. The appellants as defendants stated that they took the leases from the predecessors, in interest of the plaintiffs and that they have a right to be in possession of the suit lands and that, since the suit was filed after 12 years after the death of thehusbands of plaintiffs 1 a...
Maddi Kutumbarao Vs. Solasa Ramachandra Rao and ors.
Court: Andhra Pradesh
Decided on: Mar-04-1963
Reported in: AIR1964AP95
Ekbote, J. 1. This appeal raises a question of no little importance and the facts can be very shortly stated. Respondent No. 1 was appointed Receiver in O. S. 60/57 pending before the Sub-Court, Viyayawada for the sole purpose of getting the sale held in E. P. 37/56 in O. S. 116/49 pending in Sub-Court, Vijayawada, set aside. Thammana Tatayya and Narayana Murthy Annapurna Satram was managed by the trustees, respondents 2 and 3. Respondent No. 4 obtained a decree for money against the said Annapurna Satram (choultry) and put the same in execution in E. P. 37/56. The properties of this choultry were sold in the Court auction on 1-7-1957. The appellant was the purchaser. He purchased the properties for Rs. 24,600/-.In the meanwhile O. S. 60/57 was instituted inthe Sub-Court, Vijayawada for the removal of the trustees,respondents 2 and 3 owing to their mismanagement. Oneof the reliefs claimed in that suit is for getting the saleheld as above set aside. The suit O. S. 60/57 was filedunder S...
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