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2002 Supreme(AP) 755

P.S.NARAYANA
Agricultural Market Committee, Rajahmundry – Appellant
Versus
Venkata Bulimamba Rice Mill – Respondent


P. S. NARAYANA, J.

( 1 ) THE Agricultural Market Committee, Rajahmundry, represented by its Secretary, is the appellant. The appellant is the defendant in OS No. 199 of 1980 on the file of Subordinate Judge, Rajahmundry. The respondent-plaintiff filed a suit for declaration and the consequential injunction and also for refund of Rs. 3,071. 20 ps. , with interest thereof. For the purpose of convenience, the parties are referred to as plaintiff and defendant, as shown in the suit.

( 2 ) THE allegations in the plaint are as follows:"the plaintiff is a registered firm under the Indian Partnership Act. It does business in paddy and rice at Kadium the name and style of Sri Venkata Bylimba Rice Mill. The defendant, which is Agricultural Market Committee, Rajahmundry, alleged to have formed a committee within the meaning of Section 4 of the Andhra Pradesh Agricultural Produce and Livestock Act, 1966, and notified agricultural produce and that paddy and rice is part and parcel of the said notified agricultural produce, within the meaning of the Act, but, the defendant is put to strict proof of the said allegations. The defendant-committee shall declare by notification, the limits of every m











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