Andhra Pradesh Court June 1972 Judgments
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Anumukonda Anjaneyulu Vs. Agricultural Traders
Court: Andhra Pradesh
Decided on: Jun-09-1972
Reported in: AIR1973AP219
ORDER1. The short but important question that arises in this Civil Revision Petition is, whether the account of the defendant in the books of the plaintiff giving rise to the suit claim, is a mutual, open and current account. It is conceded by both the parties that if the account is a mutual, open and current account, then, the suit is not barred by time under Art. 1 of the I Schedule to the Limitation Act ; but, if it is not a mutual open and current account within the meaning of the Article, then, the suit claim is barred by time.2. The material facts giving rise to the above Civil Revision Petition may briefly stated. The respondent-plaintiff filed a suit against the petitioner-defendant for the recovery of an amount of Rs. 636-07 Ps. On Khata dealings. In the plaint the respondent averred that the defendant had opened a khata in his favour in the plaintiff's firm made payments to his credit and took goods when ever necessary. As per the statement of account filed the defendant owed...
Bheema Ramaswamy and anr. Vs. the Joint Commissioner, Endowments Depar ...
Court: Andhra Pradesh
Decided on: Jun-09-1972
Reported in: AIR1973AP62
Gopal Rao Ekbote, C.J.1. This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari or any other appropriate writ to quash the order of the joint Commissioner. Endowments, made in R. P. No. 129 of 1971 on 30-12-1971.2. The facts in brief which are not in dispute are that the petitioners filed an application under Section 77 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, hereafter called ' the Act ' before the Dy. Commissioner, Endowments, Kurnool for a declaration that they are the hereditary trustees of Sri Sadvarthi Maryam, Midthur village, Nandikotkur Kurnool District and also for a declaration that the schedule lands do not constitute endowment.3. During the pendency of that application I. A. No. 1 of 1971 was filed under Section 77 (2) for appointment of Executive Officer to administer the affairs of the endowed property. That I. A. was filed by the respondents. The Deputy Commissioner appointe...
The Public Prosecutor Vs. Baggu Rama Murti and ors.
Court: Andhra Pradesh
Decided on: Jun-08-1972
Reported in: 1973CriLJ1761
ORDERKondaiah, J.1. This appeal toy the State is directed against the acquittal of all the five accused of the charges levelled against them by the Sessions Judge, Visakapatnam in Sessions Case No. 22 of 1970.2. The case for the prosecution as revealed from the evidence of witnesses is as follows:- All the accused, the deceased Bangaraju and P. Ws. 1 to 10 belong to Jannavaram village, Chodava-ram taluk in the District of Visakhapatnam. A-l. A-2 and A-5 are brothers and A-4 is the son of A-3; A-3 and A-l married sisters. Late Bangaraju was the adopted son of P.W. 2, Danthuluru China Seetharamaraiu who is the elder brother of Seetharama Chandra Raju (P.W. 1).3. Six years prior to 12th January. 1970, the date of occurrence. A-3 was defeated by P.W. 1 in the gram panchayat election. On the complaints Exs. P-l to P-3 preferred in May, 1969 by P.Ws. 1 and 2. A-2 who was the village munsif had been suspended for misappropriation of public funds. For the vacancy caused by suspension of A-2. t...
Malakayya and anr. Vs. Avati Buchamma
Court: Andhra Pradesh
Decided on: Jun-07-1972
Reported in: AIR1973AP208
Sriramulu, J.1. This Letters Patent Appeal is directed against the judgment and decree of our learned Brother, Chinnappa Reddy, J. Given in A. S. No. 11 of 1967, whereby the learned Judge dismissed the defendants appeal with costs.2. The material facts leading to this Letters Patent Appeal may briefly be stated. One Avati Bhoomaiah and the respondent in this Letters Patent Appeal, respectively claiming to be the adopted son and the widow of one Avati Abbu, filed O. S. No. 77 of 1962 in the Court of the Subordinate Judge Nizambad, for a declaration of their title to and for a permanent injunction restraining the defendants from interfering with their possession and enjoyment of the properties left by Avati Abbu. The defendants mainly resisted the suit on the ground that neither Bhoomaiah was the adopted son nor the respondent herein the widow of Avati Abbu. They further stated that they were in possession and enjoyment of the suit properties as the nearest heirs of the deceased. Avati A...
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