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2003 Supreme(AP) 1525

ELLEN DHARKAR, T.MEENA KUMARI
Parvathi Sahu – Appellant
Versus
Ayya. asamayajulu Venkata Ramana – Respondent


T. MEENA KUMARI, J.

( 1 ) THIS appeal is directed against the judgment and decree dated 31-3-1997 in o. S. No. 502 of 1989 on the file of the III Addl. Subordinate Judge s Court, Visakhapatnam wherein the learned Judge dismissed the suit.

( 2 ) THE appellants are the legal representatives of the first plaintiff, who died during the pendency of the suit. The respondents are the defendants.

( 3 ) THE case of the appellants are as follows: the plaint schedule property of 19 acres forms part of the land covered by Survey no. 30 in Vepagunta Village in Pendurthy mandal in erstwhile Visakhapatnam Taluk. Originally, the suit survey No. 30 is an extent of 42 acres 5 cents. The entire Vepagunta village was gifted to the Pagoda of Sri Sri Sri varaha Lakshmi Narasimha Swamy Varu of simhachalam and the authorities of the said devasthanam have granted an extent of ac. 21. 021/2 cents to one late Godaarthy narayana Acharyulu long time back out of the total extent of 42. 05 cents and he was in possession and enjoyment of the said extent of 21. 021/2 cents.

( 4 ) AFTER retirement of Narayana Acharylu from service directed him to pay rent to the devasthanam by proceedings dated 11-2-1965 in the dia















































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