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2005 Supreme(SC) 302

B.P.SINGH, ARUN KUMAR
Kanchusthabam Satyanarayana – Appellant
Versus
Namuduri Atchutaramayya – Respondent


Judgment

B.P. Singh, J.—These Appeals by the Plaintiff are directed against the Judgment and Order of the High Court of Judicature of Andhra Pradesh at Hyderabad dated September 21, 1998 in Second Appeal No. 399 of 1989. The High Court, by its impugned Judgment and Order, allowed the Second Appeal and dismissed the plaintiff’s suit for permanent injunction setting aside the Judgment and Decree passed by the Principal District Munsif, Ramachandrapuram dated 9.3.1981 and affirmed by the Subordinate Judge, Rama­chandrapuram by judgment dated 29th June, 1987. The High Court has also made certain directions while disposing of the Second Appeal. ­

2. Before appreciating the rival submissions, we may notice very briefly the facts of the case relevant for the disposal of these Appeals by special leave. The Appellant herein who was the plaintiff is the owner of the suit property consisting of coconut garden in R.S. No. 103 measuring about 16.93-1/2 acres and a vacant land measuring 38 cents in R.S.No. 107/1 of Village Serilanka in Ramachandra­puram Taluk, East Godavari District. The case of the Appellant was that he had leased out the said land to the defendant-respondent under an agreement













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