Andhra Pradesh Court July 2005 Judgments
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Patangy Someswara Rao and anr. Vs. Golurui Tata Reddy (Died) and Three ...
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2005(5)ALD286
ORDERP.S. Narayana, J. 1. The petitioners in R.C.C. No. 10 of 1995 on the file of the Principal Junior Civil Judge-cum-Rent Controller, Vizianagaram, filed the present Civil Revision Petition under Section 22 of Andhra Pradesh Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'the Act'). 2. Respondent No. 1 in R.C.C. No. 10 of 1995 died and respondent Nos. 2 to 4 were brought on record as legal representatives of respondent No. 1 in I.A. No. 665 of 1997, dated 12-02-1998. The said R.C.C. was filed for eviction of tenant on the ground of wilful default in payment of rent from the month of January, 1995, to July, 1995, and also on the ground of bona fide requirement of personal use and occupation and yet another ground of composite lease agreement. The learned Rent Controller recorded the evidence of PWs.1 and 2, RWs.1 and 2 and marked Exs.A-1 to A-13 and Exs.B-1 to B-36 and ordered eviction only on the ground of wilful default. Aggrieved by the same, the legal ...
Kotta Laxminarsaiah and 7 ors. Vs. Tadasina Ramanarsamma
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2005(5)ALD522; 2005(6)ALT181
L. Narasimha Reddy, J.1. The defendants in O.S.No. 284 of 1989 in the Court of the Principal District Munsif at Bhongir are the appellants. They challenge the judgment and decree passed by the trial Court, which was affirmed by the Court of Senior Civil Judge at Bhongir in A.S.No. 6 of 1996.2. The sole respondent filed the suit, initially for the relief of declaration of title and perpetual injunction. She pleaded that she purchasedan extent of Ac.3-16 guntas of land in Sy.Nos. 122 and 123 of Mailargudem, H/o Saidapur Village, Yadagirigutta Mandal, Nalgonda District, from the 1st appellant through an unregistered sale deed, dated 13.04.1977, marked as Ex.A-1.3. It was her case that the entire consideration of Rs. 3,655/- under the said deedwas paid and that the possession was delivered to her. According to her, shewas in peaceful possession and enjoyment of the property ever since the purchaseunder Ex.A-1. She complained that appellants 1 and 2 interfered with herpossession on 30.03.19...
Syed MubasheruddIn Ahmed and 3 ors. Vs. Syeda Nuzhat Murtuza
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: AIR2006AP45; 2005(5)ALD233; 2005(5)ALT493
G. Rohini, J.1. This Civil Miscellaneous Appeal filed under Order 43 Rule 1 of C.P.C. is directed against the order dated 6-4-2005 in I.A. No. 2168 of 2004 in O.S. No. 319 of 2004 on the file of the Court of the III-Addl. Chief Judge, City Civil Court, Hyderabad granting temporary injunction restraining the appellants herein from making further demolition of the part of the suit schedule property and also from taking up any construction thereon pending disposal of the suit.2. When the Miscellaneous Petition seeking suspension of the impugned order has come up for consideration, at the request of the learned Counsel for both the parties the main Appeal itself is heard and decided by this order.3. The respondent herein is the plaintiff who filed O.S. No. 319 of 2004 seeking partition of the suit schedule properties claiming that the same belong to late Syeda Faqur Noorjahan, her paternal aunt, who died issueless. She claims 2/3rd share in the plaint schedule property. The appellants 1 an...
Khaleel Beig Vs. Sk. Mothi Begum
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2005(5)ALD228; 2005(5)ALT481
ORDERD.S.R. Varma, J. 1. This revision is directed against the order dated 4-8-2004 in I.A. No. 834 of 2004 in ATC No. 2 of 2002 on the file of Special Officer-cum-II Additional Junior Civil Judge, Vijayawada.2. The respondent herein filed the above petition under Sections 118 and 119 of Indian Evidence Act (for short 'the Act') seeking permission of the Court to permit her elder son, namely, Sk. Nawab, to depose evidence on her behalf in the above A.T.C., and treat the same as her evidence. The Trial Court having considered the matter, allowed the said application. Aggrieved by the same, the petitioner in A.T.C., preferred this revision.3. It is the contention of the learned Counsel for the petitioner that as a result of allowing the application, the evidence of the son of the respondent herein would and should be treated as evidence on her behalf, which is not permissible under Section 118 of the Act.4. To appreciate the said contention, it would be relevant to extract hereunder Sect...
Panchayat Secretary, Gram Panchayat and anr. Vs. Maddela Manikyamma an ...
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2005(6)ALD19; 2005(5)ALT413
L. Narasimha Reddy, J.1. Defendants 1 and 2 in O.S.No. 573 of 2002 on the file of the learned IV Additional Junior Civil Judge, Ongole, filed the Second Appeal. The 1st respondent (for short 'the respondent') filed the suit initially for the relief of injunction in respect of the suit schedule property, which, admittedly, was a road margin. Subsequently, she amended the prayer in the suit, for the one of recovery of possession invoking Section 6 of the Specific Relief Act, 1963 (for short 'the Act'). She pleaded that she is in possession and enjoyment of that suit land for about 20 years and that the appellants have high-handedly dispossessed her without following the procedure prescribed by law.2. The appellants contested the suit. They pleaded that apart from the respondent, several others encroached into the road margin and the abutting property belonging to the Gram Panchayat, and that it was not only causing traffic congestion but also resulting in health hazards. A notice, dated ...
Chintha Seethapathi Rao (Died by Lrs.) and ors. Vs. Chintha Suryanaray ...
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2005(6)ALD30
L. Narasimha Reddy, J.1. This second appeal is filed by the legal representatives of the sole plaintiff in O.S. No. 81 of 1995 on the file of the learned Junior Civil Judge's Court, Siddipet. For the sake of convenience, the parties are referred to, as arrayed in the suit. The suit was filed for the relief of declaration of title and for perpetual injunction in respect of the suit schedule property against the defendant. Declaratory relief was also claimed, in relation to the proceedings of the Mandal Revenue Officer, validating the sale in respect of the suit schedule property in favour of the respondent.2. The plaintiff and the defendant are the brothers. It was pleaded that plaintiff entered into an agreement of sale in respect of the suit schedule property admeasuring 22 guntas with one R. Balaiah on 19-12-1980 (marked as Ex.A-6) and that ever since then, he was in possession and enjoyment of the property. After the death of R. Balaiah, his sons, who were examined as PWs. 2 and 3, ...
J. Vasundara Bai and anr. Vs. Municipal Corporation of Hyderabad and o ...
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2006(1)ALD378
L. Narasimha Reddy, J.1.This second appeal is filed by the plaintiffs in O.S.No. 3610 of 1999 on the file of the learned V Junior Civil Judge's Court, City Civil, Hyderabad.2. The appellants are wife and husband. According to them, there existed an old dilapidated building, in the premises bearing No. 23-5-860 situated at Shah Ali Banda, Hyderabad in an area of about 100 square yards. They pleaded that having regard to the orders of the Government issued in G.O. Ms. No. 423 Municipal Administration and Urban Development (MI)(MA), dated 31-7-1998 (for short 'G.O.'), exempting the requirement of obtaining permission for construction over the plots admeasuring 100 square meters, they have undertaken construction, after pulling down the dilapidated building. It was urged that on the compliant of respondent No. 4, respondents 1 and 2 have issued notice under Section 452 of the Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') requiring the appellants to remove the ongoing cons...
Pasupulati Seshanna Vs. Epparala Balaiah (Died) Per Lrs. and ors.
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2006(3)ALD511
L. Narasimha Reddy, J.1. This civil miscellaneous second appeal is filed by the third party-objector, in E.P.No. 101 of 1997 in O.S. No. 101 of 1986 on the file of the Senior Civil Judge, Kadapa.2. The 1st respondent (since died, and represented by his legal representatives, respondents 2 to 5), filed O.S.No. 101 of 1986 for recovery of certain amount against the 6th respondent, Gajula Venkata Subbaiah (since deceased, and represented by his legal representatives respondents 7 to 9). He also filed I.A.No. 514 of 1986 under Order 38 Rule 5 C.P.C., for attachment of an item of immovable properly, before judgment. The LA. was ordered on 22-8-1986. Ultimately, the suit was decreed on 26-3-1987.3. The 1st respondent died on 244-1987. Thereafter, respondents 2 to 5 filed E.P.No. 101 of 1997, for realizing the benefits of the decree. The property, which was attached through orders in I.A. No. 514 of 1986, was sought to be proceeded against. At that stage, the appellant filed E.A.No. 288 of 19...
P.V.G.K.S. Sastry, S/O. Subramanyam Sastry Vs. the State of Andhra Pra ...
Court: Andhra Pradesh
Decided on: Jul-21-2005
Reported in: 2005(2)ALD(Cri)415; IV(2006)BC404
ORDERC.Y. Somayajulu, J.1. Second respondent entered into an agreement to purchase the property of Mallela Ramesh Robert, son of John for Rs. 2,40,000/- on 03-07-2004 and got that agreement of sale registered on the same day i.e., 03-07-2004. The vendor Mallela Ramesh Robert unilaterally executed a deed of cancellation dated 14-7- 204, canceling the agreement of sale dated 03-07-2004 executed by him in favour of the second respondent and presented it for registration. Petitioner kept the registration of the said deed of cancellation pending for some time and registered it as document No. 828 of 2005 on 21-02-2005. Alleging that petitioner had fraudulently registered the deed of cancellation of the agreement in his favour, second respondent filed a private complaint against the petitioner under Section 81 of the Registration Act, 1908 ('the Act'). Learned Magistrate, after recording the sworn statement of the 2nd respondent, took the complaint on file as C.C.No.34 of 2005. This petition...
Yerukali Chinna Balaiah (Died) by Lrs. Vs. Special Deputy Collector, L ...
Court: Andhra Pradesh
Decided on: Jul-21-2005
Reported in: 2005(5)ALD518
ORDERG. Yethirajulu, J. 1. This civil revision petition is filed by the petitioners against the order of the Senior Civil Judge, Wanaparthy, Mahaboobnagar District, in I.A. No. 292 of 2004 in OP No. 228 of 1996 filed under the Land Acquisition Act, 1894, for issuing of cheque in respect of the amount lying in Court deposit in favour of the owner of the land.2. The second petitioner is the legal representative of the deceased first petitioner, the owner of Ac.0-03 guntas in Survey No. 145/2 of Sri Rangapur Village of Pebbair Mandal, Mahaboobnagar District, and she is entitled for compensation. When she filed the above application, the lower Court passed the impugned order on 17-8-2004 directing her to produce Succession Certificate. The learned Counsel for the petitioner contended that the second petitioner is the legal heir of the deceased first petitioner, who is the original owner of the land. There are no rival claims in this case. The Government of Andhra Pradesh through the Revenu...
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