Andhra Pradesh Court September 2006 Judgments
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Rajesh Gothi Vs. Grandhi Padmanabham
Court: Andhra Pradesh
Decided on: Sep-28-2006
Reported in: 2007(2)ALD824; 2007(3)ALT397
ORDERC.Y. Somayajulu, J.1. Respondent filed the suit for recovery of rent from July 1997 to February 1998 at the rate of Rs. 400/- per month from the revision petitioner, with interest at 24% per annum. Revision petitioner filed his written statement inter alia contending that when his father took the building on lease in 1968 on a monthly rent of Rs. 300/- he gave a deposit of Rs. 1,500/-, to be returned with interest at 12% p.a. at the time of vacation of the building, and the arrears of rent, if any, for a period of two months would carry interest at 12% per annum and that the rent was later enhanced to Rs. 400/- per month and that he paid the rent at Rs. 400/- p.m. till December 1997, and that the respondent did not issue receipts for that amount. When he asked for issuance of a receipt, respondent sought enhancement of rent to Rs. 1,500/- p.m. and admitted receipt of rent till December 1997 before the mediators. Since he refused to enhance the rent to Rs. 1,500/- p.m. before the m...
State of Andhra Pradesh Vs. Bobbiti Subba Reddy and ors.
Court: Andhra Pradesh
Decided on: Sep-28-2006
Reported in: 2007(3)ALD601
C.Y. Somayajulu, J.1. Since these two appeals arise out of a common judgment they are being disposed of by a common judgment.2. O.S. No. 81 of 1980, out of which A.S. No. 1109 of 1988 arises, is a suit for declaration of the title of Plaintiffs 1 to 9 therein to Ac. 30-60 cts of land in S. No. 698/ A known as Rodduvari Baraka, of 80-Bannur Village and O.S. No. 79 of 1980, out of which Tr. AS No. 1701 of 1993, arises is a suit for declaration of the title of the plaintiff therein to Ac. 11.76 cts in S. No. 694 and Ac. 0.10 cts in S. No. 698/A of 80-Bannuru Village of Nandikotkur Taluk and for other consequential reliefs against the State of Andhra Pradesh and Husna Begum.3. On a joint memo filed by the parties, the trial Court clubbed the suits and recorded common evidence and disposed of the suits by a common judgment.4. The case of the plaintiffs in both the suits, in brief, is that Husna Begum (second defendant) is the owner of the suit land and that they purchased parts thereof eith...
Municipal Corporation of Guntur Vs. B. Syamala Kumari and anr.
Court: Andhra Pradesh
Decided on: Sep-27-2006
Reported in: 2006(6)ALD500; 2006(6)ALT771
Ramesh Ranganathan, J. 1. Aggrieved by the interlocutory order of the A.P. Administrative Tribunal, in O.A. No. 2414 of 2006 dated 27.4.2006, whereby the petitioner was directed not to dismiss the 1st respondent-applicant from service, on the basis of the judgment of the Special Judge for SPE & ACB Cases, Vijayawada, in C.C. No. 40 of 2000 dated 4.3.2006, pending further orders, the present writ petition is filed by the Municipal Corporation of Guntur.2. Brief facts, to the extent necessary, are that the 1st respondent-applicant was working as a Junior Assistant in the Municipal Corporation, Guntur. Consequent upon a trap laid by the A.C.B, while the 1st respondent-applicant was demanding and accepting a bribe of Rs. 800/- to do an official favour, a case was registered against her in C.C. No. 40 of 2000 before the Special Judge for SPE & ACB Cases, Vijayawada. The Special Judge, by order dated 4.3.2006, convicted the 1st respondent-applicant under Section 248(2) Cr.P.C. and sentenced ...
Dr. D Ramamurthy, S/O. Srininvasarao Vs. Lakkaraju Lalithamma, W/O Dat ...
Court: Andhra Pradesh
Decided on: Sep-27-2006
Reported in: 2007(1)ALD238
V. Eswaraiah, J.1. The plaintiff is the appellant. He filed the suit O.S. No. 140 of 1986 on the file of the Additional Subordinate Judge, Guntur for specific performance of agreement of sale Ex.A19 dated 2-1-1985 executed by defendants 1 to 4 and 8 personally and on behalf of defendants 5 to 7 selling plaint schedule property bearing H. No. 5-54-1, situated at Brodipet of Guntur Municipality, of an extent of 33541 Sq.feet by executing the sale deed in favour of the plaintiff and for possession; and in case of default by them, by the Court executing the sale deed in his favour or in the alternative for damages for the breach of contract of sale in a sum of Rs. 2,00,000/- along with interest at the rate of 18% per annum and for costs of the suit. The parties are herein after referred to as they are arrayed in the suit.2. The plaintiff filed the suit on 24-4-1986. The averments of the plaint are that defendant No. 1 is the widow of L. Dathathreyasharma. Defendants 2 to 4 are the sons and...
R.K. Agarwal Vs. Smt. Ch. Vijaya Kumari
Court: Andhra Pradesh
Decided on: Sep-27-2006
Reported in: 2007(4)ALT838
ORDERV.V.S. Rao, J.1. The petitioner is the defendant. The Civil Revision Petition is filed feeling aggrieved by order, dated 14.02.2005 in I.A. No. 5643 of 2004 in O.S. No. 70 of 2004 passed by the Court of the II Additional District Judge, Vijayawada, granting ad interim injunction in favour of the respondent (hereafter called, the plaintiff) restraining the petitioner herein (hereafter called, the defendant) from making use of the suit schedule premises, from which the plaintiff was evicted nor alter, meddle with the premises in any manner whatsoever pending disposal of the suit.2. The plaintiff filed the suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession. She alleged that she is carrying on business in the name and style of M/s. Swagruha Foods, Vijayawada, since 1990 in sweets, pickles and savouries, that the defendant firm was granted licence by Indian Railway Catering and Tourism Corporation Limited (IRCTC) to setup and operate Food Plaza at Vijayawa...
P.S.R. Krishna and ors. Vs. Union of India (Uoi) Rep., by Its Secretar ...
Court: Andhra Pradesh
Decided on: Sep-27-2006
Reported in: 2006(6)ALT593
ORDERRamesh Ranganathan, J.1. Seeking to have the order of the Central Administrative Tribunal, Hyderabad Bench in O. A. No. 358 of 2005, on its being renumbered as O.A. No. 1954 of 2005 dated 31 -10-2005 before the Principal Bench of the Central Administrative Tribunal, New Delhi, quashed, W.P. No. 25511 of 2005 is filed.2. Sri N. Janardhan Rao and 25 others, (Applicants in O.A. No. 330 of 2005 before the Central Administrative Tribunal, Hyderabad, which was renumbered as O.A. No. 1959 of 2005 before the Central Administrative Tribunal Principal Bench, New Delhi), have filed W.P. No. 26712 of 2005 questioning the order of the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 1959 of 2005 and batch dated 31-10-2005 and the absorption process of ITS Group-A officers, as contemplated in proceedings dated 24-03-2005, as arbitrary and illegal.3. Sri G. Parameswar Reddy, (General Manager, West, Hyderabad Telecom District, Bharat Sanchar Nigam Limited), has filed W.P. N...
R.K. Agarwal Vs. Ch. Vijaya Kumari
Court: Andhra Pradesh
Decided on: Sep-27-2006
Reported in: 2007(1)ALD491
ORDERV.V.S. Rao, J.1. The petitioner is the defendant. The civil revision petition is filed feeling aggrieved by order, dated 14.2.2005 in I.A. No. 5643 of 2004 in O.S. No. 70 of 2004 passed by the Court of the II Additional District Judge, Vijayawada, granting ad interim injunction in favour of the respondent (hereafter called, the plaintiff) restraining the petitioner herein (hereafter called, the defendant) from making use of the suit schedule premises, from which the plaintiff was evicted nor alter, meddle with the premises in any manner whatsoever pending disposal of the suit.2. The plaintiff filed the suit under Section 6 of the SpecificRelief Act, 1963 for recovery of possession. She alleged that she is carrying on business in the name and style of M/s. Swagruha Foods, Vijayawada, since 1990 in sweets, pickles and savouries, that the defendant firm was granted licence by Indian Railway Catering and Tourism Corporation Limited (IRCTC) to setup and operate Food Plaza at Vijayawada...
Kurella Naga Druva Vudaya Bhaskara Rao Vs. Galla Janikamma @ Macharamm ...
Court: Andhra Pradesh
Decided on: Sep-27-2006
Reported in: 2009(6)ALT164
C.Y. Somayajulu, J.1. Defendant in a suit for recovery of possession of Acs.3-90 cents in Survey No. 100 of Rajanagaram of Rajahmundry, which hereinafter would be referred to as 'the suit land', is the appellant.2. The case, in brief, of the respondent is that, as the appellant and her husband are closely related, she, at the instance of the appellant, had purchased the suit land under Ex.A-1 registered sale deed from its owner and paid the consideration payable by her to her vendor through her husband and her brother and was put in possession thereof and later she entrusted the management of the suit land to the appellant as he promised to manage the same on her behalf. Appellant, who was sending the rentals from the suit land and was paying taxes for some years, informed her in 1971 that inasmuch as leasing out the suit land to tenants may create problems in future, he himself would cultivate the same and pay 40 bags of paddy per annum to her and started cultivating the same till the...
Nambi Narayan Rao (Died) Per L.R. Vs. Nambi Rajeshwar Rao
Court: Andhra Pradesh
Decided on: Sep-27-2006
Reported in: 2008(3)ALD469; 2008(3)ALT159
C.Y. Somayajulu, J.1. Defendants in a suit for partition are the appellants. For the sake of convenience the parties to this appeal would hereinafter be referred to as they are arrayed in the trial Court.2. Minor plaintiff, represented by his mother as guardian, filed the suit for partition of the properties specified in the plaint A to D schedules (the suit properties) into two equal shares, and for allotment of one such share to him inter alia contending that his father Narsing Rao (the deceased), the son of the defendants 1 and 2, died on 12-12-1954 leaving behind his wife Sushila Bai, who took him in adoption as per sastric rites on 02-03-1975 in the presence of the villagers. A deed of adoption evidencing his adoption was also executed by her on 13-02-1980. As the coparcenary of the deceased and first defendant, of which the first defendant was the karta, was possessing the suit properties, the deceased was having half share therein. After the death of the deceased he became entit...
Vamaraju Chakrapani Vs. Sivalenka Radhakrishna (Died) and ors.
Court: Andhra Pradesh
Decided on: Sep-26-2006
Reported in: 2006(6)ALD711; 2006(6)ALT421
ORDERL. Narasimha Reddy, J.1. These two revisions are filed by the same petitioner against the same respondents. The subject matter is identical. Hence, they are disposed of through a common order.2. Sivalenka Radhakrishna and the 2nd respondent herein, filed O.S. Nos.365 of 1990 and 66 of 1999, in the Court of II Additional Senior Civil Judge, Vijayawada, against the petitioner herein and three others, in relation to the affairs and administration of M/s. Nageswara Rao Estates limited. Sivalenka Radhakrishna died. His wife and son, sought to come on record, as legal representatives. They filed I.A. Nos. 1153 and 1154 of 2005, in the two suits referred to above, under Order 22 Rule 3, read with Section 151 C.P.C. and Rule 28 (sic. 29) of Civil Rules of Practice. The applications were opposed by the petitioner and other defendants in the suit, by stating that the relief claimed by the deceased-1st plaintiff was personal to him, and his legal representatives cannot be permitted to come o...
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