Court : Andhra Pradesh
Decided on : Oct-05-1967
Reported in : AIR1968AP353
Seshachalapati, J. 1. This revision petition originally was heard by our learned Brother, Venkatesam, J. The scope and effect of Section 89 (2) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act') fell to be decided by him. In the arguments addressed before the learned Judge, various decisions of this Court were cited including two unreported Bench decisions, viz., G. Veera Ready v. B. Venkayya, C.M.P. No. 5309 of 1960 in C.R.P. No. 2089 of 1957 (A.P.) and T. Shankaraiah v. Laxmamma, C.R.P. No. 1911 of 1963 (A.P.). The first-decision was not brought to the notice of the Bench that decided the second case and also certain earlier decisions were pot brought to the notice of the Bench that decided the first case. The learned Judge though) that there was a conflict between the two unreported Bench decisions relating, to a matter of procedure and referred the revision petition to a Full Bench for disposal. 2. The facts leadin...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-29-1967
Reported in : AIR1968AP336
Venkatesam, J.1. This second appeal comes before us on a reference by out learned brother, Chandrasekhara Sastry, J., in view of the question of general importance involved. The facts relevant for determination of the question in controversy are as follows:--The second appeal is directed against the decision of the learned Subordinate Judge, Kurnool, in A.S No. 54/1961 on his file, affirming the decision of the District Munsif, Kurnool, in O. S. No. 34 of 1960. Thai suit was filed by two persons. Vale Pedda Mounamma and Yasamuguru Lingamma for recovery of Rupees 1,500 due on the foot of a simple mortgage. Ex. A-1, dated 23-1-1950 executed by defendants 4 and 5 in their favour for Rs. 4,000 mortgaging items 1 to 3 of the plaint schedule They prayed for a decree for sale of items 1 and 3 and right to proceed against Rs. 1,232 14-0, the balance of sale-proceeds of item 2 (house in Kurnool Municipality), which was sold in execution of a prior mortgage decree in O. S. No 91 of 1954 on the f...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-30-1967
Reported in : AIR1969AP303
J. Reddy, C.J.1. When this appeal came up before Basi Reddy, J., he referred the matter to a Bench, as in important question relating to Sishya Sancharam fell for consideration. The Bench, consisting of himself and Sharfuddin Ahmed, J., having regard to its importance, referred to following two questions to a Full Bench, namely.1. Is the avocation of Sishya Sancharam an office or property and is it heritable and partible Is it a justiciable right ? 2. Do earnings from Sishya Sancharam constitute joint family property ?2. At the very outset it appeared to us and the learned advocates for the appellants and the respondent agreed, that as the several aspects of the matter which fall for consideration depend on evidence relating to the custom and usage in regard to Sishya Sancharam, the whole case will have to be heard, and we accordingly permitted the learned advocate to argue the entire appeal.3. The respondent, who is the widow of one late Butchayyavarlu, son of the 1st defendant, Tiruv...
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