Andhra Pradesh Court October 2006 Judgments
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Mir Shabbir Ali Vs. A.P. State Wakf Board and ors.
Court: Andhra Pradesh
Decided on: Oct-30-2006
Reported in: 2007(1)ALD259
ORDERV.V.S. Rao, J.1. This writ petition is filed challenging the order dated 26.8.2006 passed by the first respondent appointing an Enquiry Officer to conduct enquiry into rival claims of Muthawalliship of Ashoor Khana Asthane Asghari, a registered wakf in Hyderabad City. The petitioner seeks a writ of mandamus declaring the impugned order appointing Enquiry Officer as one without jurisdiction under the provisions of the Wakf Act, 1995 (the Act, for brevity).2. The petitioner and the third respondent are sons of Mir Asghar Ali. Their father was Muthawalli of Ashoor Khana Asthane Asghari. After his death, there was a dispute among the brothers for Muthawalliship. The petitioner herein claims that he is acting as Muthawalli. It appears that both of them made representations to the A.P. Wakf Board seeking appointment as Muthawalli. The petitioner filed W.P. No. 17312 of 2006 apprehending the appointment of third respondent as Muthawalli even without considering petitioner's representatio...
D. Sanjeeva Rao and ors. Vs. Shaik Sadiq and ors.
Court: Andhra Pradesh
Decided on: Oct-30-2006
Reported in: 2008ACJ179; 2007(3)ALD259; 2007(3)ALT659
C.Y. Somayajulu, J.1. Appellants, who are the husband and children of the Shall Bai (deceased), filed a claim petition under the provisions of the Motor Vehicles Act, 1988, seeking compensation of Rs. 4,00,000/-, alleging that when the deceased was proceeding as a pillion rider on a TVS Champ Moped being driven by one D. Renuka, the lorry belonging to the second respondent and insured with the third respondent being driven by the first respondent in a rash and negligent manner dashed the said TVS Champ from behind, resulting in the death of the deceased who was earning Rs. 5,000/- p.m. from all sources.2. First respondent chose to remain ex parte.3. Second respondent filed his counter denying the rash and negligent driving on the part of his driver and alleging that the accident occurred due to sudden crossing of the road by the driver of the TVS Champ and alleging contributory negligence on the part of the driver of the TVS Champ.4. Third respondent filed its counter putting the appel...
A.P. State Co-op. Rural Irrigation Corporation Ltd. Vs. Co-operative T ...
Court: Andhra Pradesh
Decided on: Oct-27-2006
Reported in: 2006(6)ALD814; 2007(1)ALT239
ORDERC.V. Ramulu, J.1. The short question that falls for consideration, in this writ petition, is whether the 3rd respondent is an Agent of the petitioner and, therefore, an application under Section 61 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act') is maintainable ?2. This writ petition is filed challenging the judgment dated 1-2-2002 made in C.T.A. No. 90 of 2000 on the file of the 1st respondent-A.P. Co-operative Tribunal, Hyderabad, wherein the Award under Section 62(4) of the Act in A.R.C. No. 1067/ 99-J1, dated 29-1-2000 passed by the 2nd respondent-Deputy Registrar of Co-operative Societies, Hyderabad, dismissing the application filed under Section 61 of the Act, was reversed.3. It is stated in the writ affidavit that the petitioner is a society registered under the Act and is working under the control of the State Government in co-operative sector. It entered into an agreement with M/s. Singareni Collieries Company Limited for the purpose of earthw...
Boggavarapu Satyanarayana @ Babu S/O. Someswara Rao and ors. Vs. Batch ...
Court: Andhra Pradesh
Decided on: Oct-27-2006
Reported in: 2007(2)ALT377
ORDERV. Eswaraiah, J.1. This civil revision petition is directed against the order dated 18.03.2003 passed in R.C.A. No. 15 of 2000 by the Rent Control Appellate Authority - cum - Principal Senior Civil Judge, Kakinada.Petitioner is the tenant and the respondents are the landlords. The eviction petition in R.C.C. No. 65 of 1994 on the file of the Rent Controller-cum-Principal Junior Civil Judge, Kakinada, filed by the landlords seeking eviction of the tenant under Section 10(3)(c) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short 'the Act') for additional accommodation of portion of the petition schedule premises in occupation of the tenant was dismissed by order dated 03.06.2000. Aggrieved by the same the landlord filed an appeal in R.C.A. No. 15 of 2000 and the appellate Court by judgment dated 18.03.2003 allowed the appeal ordering eviction of the tenant. Aggrieved by the said judgment the tenant filed this revision petition and during the pendenc...
Ali BIn Mohammed (Died) by Lrs. Vs. Khaja MoinuddIn (Died) by Lrs.
Court: Andhra Pradesh
Decided on: Oct-27-2006
Reported in: 2007(1)ALD438; 2007(1)ALT424
ORDERV. Eswaraiah, J.1. This civil revision petition is directed against the judgment dated 20.3.2002 passed in R.A. No. 72 of 1997 by the Chief Judge, City Small Causes Court, Hyderabad.2. The first petitioner is the landlord and the first respondent is the tenant. The landlord filed R.C. No. 831 of 1994 on the file of the I Additional Rent Controller, Hyderabad, under Sections 10(2)(iii) and 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act') seeking eviction of the tenant in respect of the premises bearing No. 4-1-613 situated at Troop Bazar, Hyderabad on the ground that the tenant committed acts of waste and that the premises is required for the personal occupation for the purpose of commencing business by the second son of the landlord. The learned Rent Controller dismissed the eviction petition by order dated 17.1.1997. Aggrieved by the said order the landlord preferred an appeal in R.A. No. 72 of 1997. During the pende...
S.J.K. Steel Corporation Ltd. Vs. T. Sathya Narayana and ors.
Court: Andhra Pradesh
Decided on: Oct-27-2006
Reported in: 2007(2)ALD472; 2007(2)ALT632
ORDERC.Y. Somayajulu, J.1. Respondents 1 to 5 filed the suit against the revision petitioner and 6th respondent inter alia for an injunction restraining them and their agents from diverting the channel noted as ABCD in the plaint plan, which was flowing from East and passing towards South of the plaint schedule land, alleging that the said channel, which is also shown in the revenue records, has been in existence from a long time, and so any diversion of the said channel by the revision petitioner would cause great hardship to them and obtained an ad interim temporary injunction restraining the revision petitioner and 6th respondent from either closing the existing channel or diverting the said channel. Revision petitioner and the 6th respondent filed written statement contesting the suit. As the suit was dismissed for default, the petition in which an injunction was granted was also dismissed. On a petition for restoration of the suit, the suit was restored to file. In the meanwhile, ...
ibp Co. Limited Vs. Habeeba Begum and anr.
Court: Andhra Pradesh
Decided on: Oct-27-2006
Reported in: 2007(2)ALD265
ORDERV. Eswaraiah, J.1. Heard the learned Counsel appearing for both sides.2. The petitioner filed R.C. No. 85 of 1997, on the file of the 1st Additional Rent Controller, Hyderabad, under Section 8(5) of the A.P. Building (Rent, Lease and Eviction) Control Act, 1960 (for brevity 'the Act'), seeking permission of the Rent Controller to permit him to deposit rents before the Rent Controller, payable to the respondents.3. It is stated that the petitioner obtained a piece of land admeasuring 22,500 sq. ft equivalent to 2032 sq. mts forming part of S. Nos. 64 and 65 on the old Hyderabad-Kurnool Road on lease under a Registered Lease Deed bearing Document No. 1158 of 1968 dated 11-6-1968 and lease commenced from 14-2-1967 for a period of 20 years with an option for renewal for a further period of 20 years for a monthly rent of Rs. 350/-. Thus the total period of lease is 40 years. It is stated that the period of 40 years lease from 11-6-1968 expires on 11-6-2008. It is the case of the petiti...
T. Aswini Desai Vs. D. Koundinya (Died) by Lrs. and anr.
Court: Andhra Pradesh
Decided on: Oct-27-2006
Reported in: 2007(2)ALD260; 2007(2)ALT600
ORDERG. Rohini, J.1. This civil revision petition is preferred by the plaintiff against the order dated 6-10-2004 in I.A. No. 350 of 2004 in O.S. No. 652 of 1994 on the file of the Court of Principal Senior Civil Judge, Visakhapatnam, whereunder the application of the plaintiff under Order 6 Rule 17 of CPC for amendment of plaint was dismissed.2. The facts, in brief, are as under:The revision petitioner/plaintiff filed O.S. No. 652 of 1994 for special performance of agreement of sale dated 17-10-1989 allegedly executed by the 1st defendant in favour of her deceased husband agreeing to sell the suit schedule property, which is one of the four portions in house bearing Door No. 16-2-3, Visakhapatnam. It is the case of the plaintiff that by the date of the suit agreement she was already in possession of the suit schedule property as a tenant and under the suit agreement while acknowledging the receipt of Rs. 38,000/- as advance money it was agreed that the plaintiff need not pay the rents...
Tirumala Tirupati Devasthanams Rep. by Executive Officer Vs. T. Venkat ...
Court: Andhra Pradesh
Decided on: Oct-27-2006
Reported in: 2007(6)ALT472
G. Yethirajulu, J.1. This Appeal is directed against the decree and judgment in O.S. No. 69 of 1995 on the tile of the Principal Senior Civil Judge, Tirupathi, dated 11-8-2004, dismissing the suit filed by the appellant. The appellant-plaintiff filed the above suit to declare that the plaintiff is the absolute owner of plaint-A schedule property, to direct the defendants to surrender the possession of the lands detailed in plaint-B schedule, to grant permanent injunction restraining the defendants and their men from interfering with the plaintiffs possession and enjoyment of the plaint-A schedule property or in the event of the Court coming to a conclusion that the plaintiff is not in possession of the plaint-B schedule property for recovery of possession with damages for use and occupation. The appellant, being unsuccessful plaintiff in the suit, preferred this appeal challenging the validity and legality of the judgment of the lower Court.2. The averments of the plaint in brief are a...
Bodugu Purnachandrasekhara Rao Vs. Government of A.P. and ors.
Court: Andhra Pradesh
Decided on: Oct-26-2006
Reported in: 2006(6)ALD418; 2007(1)ALT159
ORDERV.V.S. Rao, J. 1. The land admeasuring Acs.2.30 cents in Survey No. 731/15 situated at Alluru Village of P.V. Palem Mandal in Guntur District was assigned to one Badugu Sundara Rao, father of the petitioner. The assigned land was sold to Yallavula Subba Rao under an agreement of sale. Therefore, action was initiated under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity) and by proceedings dated 6.8.2001, the fourth respondent resumed the land to the Government duly cancelling the assignment. The petitioner who is one of the three sons of original assignee made an application to fourth respondent for restoration of ]/3rd share of the land to the petitioner. The same was denied. Therefore, the petitioner filed appeal before the third respondent for restoration of the land. The third respondent by an order dated 12.3.2004 held that the petitioner is entitled for l/3rd share of the land. Aggrieved by the same, the petitioner filed furth...
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