Court : Andhra Pradesh
Decided on : Dec-05-2006
Reported in : 2007(4)ALT137
ORDERC.Y. Somayajulu, J.1. Respondent, under a transaction of a mortgage by conditional sale, put the revision petitioners in possession of the plaint schedule property and had later filed a suit for redemption of mortgage on the ground that the revision petitioners are evading to receive the payment due, in order to deprive her of the plaint schedule property. After contest that suit was decreed, and the suit filed by the mortgagees i.e. second revision petitioner and Ayyanna (first revision petitioner) i.e. father of revision petitioners 3 to 5, against the respondent and another for an injunction, was decreed till recovery of possession of the plaint schedule property in execution of the redemption of the decree passed in the suit filed for redemption.2. Alleging that he deposited the amount within the time granted, respondent filed an E.P. for recovery of possession of the plaint schedule property. That E.P. was resisted by the second revision petitioner and his brother Ayyanna i.e...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-05-2006
Reported in : AIR2007AP192; 2007(3)ALD27
ORDERC.Y. Somayajulu, J.1. Respondent, under a transaction of a mortgage by conditional sale, put the revision petitioners in possession of the plaint schedule property and had later filed a suit for redemption of mortgage on the ground that the revision petitioners are evading to receive the payment due, in order to deprive her of the plaint schedule property. After contest that suit was decreed, and the suit filed by the mortgagees i.e., second revision petitioner and Ayyanna (first revision petitioner) i.e., father of revision petitioners 3 to 5, against the respondent and another for an injunction, was decreed till recovery of possession of the plaint schedule property in execution of the redemption of the decree passed in the suit filed for redemption.2. Alleging that he deposited the amount within the time granted, respondent filed an E.P. for recovery of possession of the plaint schedule property. That E.P. was resisted by the second revision petitioner and his brother Ayyanna i...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2006
Reported in : 2007(3)ALD757
..... to transfer the property and ex.a-1 was enforceable in law, the appellant could not have maintained the suit for mere injunction. the proviso to section 34 of the specific relief act mandates that if a plaintiff, being in a position to seek further relief than mere declaration, omits to do so, the relief of declaration cannot ..... cannot be accepted. the relevant portion of the judgment reads as under:34. a contract for sale does not confer title in immovable property. section 54 of the transfer of property act provides that a contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between ..... maintainable, without the prayer for specific performance of the agreement of sale, is untenable. he contends that apart from being used as a shield, under section 53-a of the transfer of property act, an agreement of sale can be pressed into service, to protect the possession, even by filing a suit. learned counsel further submits that the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-04-2006
Reported in : 2007(2)ALD490
ORDERL. Narasimha Reddy, J.1. These two civil revision petitions are filed by the judgment-debtors in E.P. No. 136 of 2006 in O.S. No. 497 of 1994, on the file of the learned I Additional Senior Civil Judge, Vijayawada. The suit was filed by the respondent, for the relief of declaration of title, recovery of possession and consequential injunction, in respect of the suit schedule property. The trial Court dismissed the suit on 20-9-1999. Aggrieved thereby, the respondent filed A.S. No. 2866 of 1999 before this Court. The appeal was allowed and the suit was decreed on 18-11-2005. L.P.A. No. 1 of 2006 filed against the judgment and decree in A.S. No. 2866 of 1999 was dismissed on 19-6-2006. The petitioners claim to have preferred an S.L.P. before the Hon'ble Supreme Court.2. The respondent filed the E.P. for execution of the decree. The petitioners filed an application, before the executing Court, for correction of the Door Number of the suit schedule property from '44-1-32' to '44-1-31/...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2006
Reported in : 2007(2)ALD3; 2007(3)ALT187
..... , and therefore, the joint collector ought to have passed orders expeditiously. he fairly submits that the consideration of the main appeal under section 90 of the tenancy act by the joint collector can only be after issuing notice to the respondents in appeal and after calling for records which would take certain ..... respondent on 18-2-2006. aggrieved by the same, petitioner filed an appeal before third respondent under section 90 of the tenancy act on 27-9-2006. the petitioner alleges that he also prayed for ex parte ad interim order suspending the proceedings of the rdo. the ..... fourth respondent herein filed an application before the revenue divisional officer (rdo), chevella, claiming ownership certificate under section 38-e of the andhra pradesh (telangana area) tenancy and agricultural lands act, 1950 (for short 'the tenancy act')- the petitioner alleges that without notice to the petitioner, the rdo, chevella, issued certificate to fourth .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2006
Reported in : 2007(4)ALT65
..... both the contentions, dismissed the application holding that filing of counter-claim is optional and is not sine qua non and that as per the article 65 of the limitation act, the question of limitation was mixed question of law and fact and is got to be decided during the course of trial in the suit.6. the court ought to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2006
Reported in : 2007(1)ALD683; 2007(2)ALT369
..... pending. in the meanwhile, the plaintiff filed i.a. no. 733 of 2005 in o.s. no. 5 of 1995 on the file of the senior civil judge, bhimavaram, under sections 151, 152 and 153 of c.p.c. for amending the decree in o.s. no. 5 of 1995 incorporating whether the plaintiff is entitled for future mesne profits to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2006
Reported in : 2007(3)ALD141
..... were solely dependent on the income of the deceased, p.w.1 must have shown his occupation as nil. in fact, as per section 166 of the act, only the legal representative of a deceased victim would be entitled to compensation. mother only is the heir to the estate of a ..... that the contribution of the deceased should be taken at least at rs. 10,000/- p.a. and in view of schedule ii of the act, the appropriate multiplier as mentioned in schedule ii has to be adopted and if it is so done, the appellants would be entitled to the ..... deceased son, as per hindu succession act and so second appellant only would be entitled to make a claim for compensation. it is well know that wife has to be ..... c.y. somayajulu, j.1. appellants filed a claim petition under section 166 of the motor vehicles act, 1988 (the act) seeking compensation of rs. 2,00,000/- for the death of their unmarried son brij gopal tiwari (deceased) .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-30-2006
Reported in : 2007(3)ALD215
..... and specific performance of agreement of sale, on the other hand, are prayed, at one and the same time. 14. the definition of 'owner' under sub-section (30) of section 2 of the act is wide enough, to take in its fold, not only the person registered as owner, but also the one, who has the possession of the vehicle, under ..... motor vehicles also, the respondent can be declared as owner, if only he is in possession of the vehicle, as provided for under sub-section (30) of section 2 of the motor vehicles act, for short 'the act'. learned counsel submits that exs.a-1 and a-2 are fabricated, and even assuming that they are proved to be genuine, the ..... facts pleaded and the relief claimed by the respondent.7. sri satyanarayana, learned counsel for the respondent, on the other hand, submits that by operation of section 4 of the sale of goods act, the respondent became the owner of the tractor, since he fulfilled all the conditions, contemplated under the agreement, ex.a-1. learned counsel submits that .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-30-2006
Reported in : 2007(4)ALT533
..... and specific performance of agreement of sale, on the other hand, are prayed, at one and the same time.12. the definition of 'owner' under sub-section (30) of section 2 of the act is wide enough, to take in its fold, not only the person registered as owner, but also the one, who has the possession of the vehicle, under ..... motor vehicles also, the respondent can be declared as owner, if only he is in possession of the vehicle, as provided for under sub-section (30) of section 2 of the motor vehicles act, for short 'the act'. learned counsel submits that exs.a-1 and a-2 are fabricated, and even assuming that they are proved to be genuine, the ..... facts pleaded and the relief claimed by the respondent.6. sri satyanarayana, learned counsel for the respondent, on the other hand, submits that by operation of section 4 of the sale of goods act, the respondent became the owner of the tractor, since he fulfilled all the conditions, contemplated under the agreement, ex.a-1. learned counsel submits that .....
Tag this Judgment!