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1979 Supreme(SC) 445

A.D.KOSHAL, N.L.UNTWALIA
Oduru Chenchulakshmamma – Appellant
Versus
Duvvuru Subrahmanya Reddy – Respondent


Advocates:
G.N.Rao, P.GOVINDAN NAYAR, V.V.RAO

JUDGMENT

KOSHAL, J.:—The facts giving rise to this appeal by special leave are concluded by concurrent findings of facts, arrived at by the trial court and the first appellate court and may be briefly stated herewith reference to the following pedigree-table:

Defendants Nos. 1 and 2 and one P. K. Reddy were the owners of the lands (in dispute) which are situated in village Makhamambavilasam forming part of Chittoor district. Some of the lands were sold by defendants Nos. 1 and 2 and the rest by P. K. Reddy and defendant No. 2 by means of two sale deeds dated the 25th of September, 1947 (exhibits A-8 and A-9 respectively) in favour of defendant No. 6 who was the brother of defendant No. 1 and therefore the maternal uncle of defendant No. 2. Although both the sale deeds were supported by valid consideration, possession was not delivered to the vendee under either of them and continued to be with defendant No. 1.

In 1948 was promulgated the Madras Estates (Abolition and Conversion into Ryotwari) Act (hereinafter called the Madras Act), Section 3 of which reads thus :

"3. With effect on and from the notified date and save as otherwise expressly provided in this Act-

(a) the Madras Estates
































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