Andhra Pradesh Court August 1965 Judgments
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Syed JalaluddIn Hasan Quadri Vs. Tarapharmacy Represented by Its Manag ...
Court: Andhra Pradesh
Decided on: Aug-03-1965
Reported in: AIR1966AP136
ORDERGopal Rao Ekbote, J. 1. This is a petition under Section 12 of the Hyderabad Small Cause Court Act against the Judgment and decree of the Court of Small Causes, Hyderabad, giving on 18-9-1961. The respondent plaintiff instituted the present suit for the recovery of Rs. 890 alleging inter alia that the defendant was purchasing from time to time medicines from the plaintiff's shop for which an account was maintained by the plaintiff. The transactions started on 8-10-1955 and ended on 9-5-1957. The defendant paid Rs. 50 on 3-9-1957. The suit was instituted on 26-7-1960.2. The main defence raised by the defendant was that the suit is time-barred. I am not concerned at the moment with the other objection of the defendant.3. The Court of Small Causes rejecting the contention of the defendant in regard to limitation decreed the plaintiffs suit holding thatIn view of the nature of the transaction Art. 85 of the Limitation Act applies and that the suit is therefore filed within three years...
B. Anjanaiah Vs. Nagappa
Court: Andhra Pradesh
Decided on: Aug-02-1965
Reported in: AIR1967AP61
ORDER(1) This revision is on behalf of the defendant and is directed against the judgment and decree of the Subordinate Judge's Court, Adoni, allowing the appeal of the plaintiff and decreeing the suit, which was dismissed by the trial Court.(2) The dispute between the parties relates to the recovery of the amount due under a promissory note, Ex. A-1, which was executed by the defendant in favour of one late Ayyanna. The respondent-plaintiff claiming to be the nearest heir of late Ayyanna, obtained a succession certificate, Ex. A-2, dated 20-10-59 in O. P. No. 13/59 on the file of the District Munsif's Court, Adoni, in respect of the above promissory note debt. On the basis of this succession certificate he filed the present suit for recovery of Rs. 552.50P. against the petitioner-defendant. The petitioner denied that the plaintiff was the nearest heir of late Ayyanna. He also pleaded discharge of the suit debt by payment of the amount to Ayyanna's widow. Mallamma before her re-marriag...
Bhanwarilal and ors. Vs. Mir Mohammed Ali
Court: Andhra Pradesh
Decided on: Aug-02-1965
Reported in: AIR1966AP323
Venkatesam, J.1. This Civil Revision petition raises an important question regarding the legality of the practice obtaining in the Civil Courts at Hyderabad, and also said to be obtaining in the other Courts in Telangana area.2. The short facts are these. The petitioners (Decree-holders) filed E. P. No. 433 of 1961, in Small Cause Suit No. 312 of 1961 on the file of the Additional Judge, City Small Causes Court, Hyderabad, and attached certain movables alleged to belong to the judgment-debtors. An enquiry was held by the learned Judge regarding the title to the moveables, and e found that they belonged not to the judgment-debtor, but to his brother, who claimed them to be his. At the time of attaching the moveables, the Bailiff, armed with a warrant of attachment had proceeded to the house of the judgment-debtor along with a process server. At the instance of the judgment-debtor's wife, the attached property was kept in one of the rooms in the house of the judgment-debtors and it was l...
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