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1992 Supreme(AP) 108

A.GOPAL RAO
Lachamma – Appellant
Versus
Buchamma Respondent – Respondent


A. GOPAL RAO, J.

( 1 ) DEFENDANTS are the petitioners in this revision petition. This revision petition is filed aggrieved by the order dated 28-12-1989 passed by the Lower court on the preliminary issue, holding that the Civil Court has got the jurisdiction to decide the suit. The suit, O. S. No. 100 of 1988 was filed in the district Munsif s Court at Mahaboobnagar by the respondent-plaintiff for perpetual injunction, restraining the petitioners-defendants from interfering with the peaceful possession of the plaintiff over the suit land ad measuring ac. 15. 27 guntas in survey No. 544/a, Polepally village of Jedcherla mandal. The case of the plaintiff is that survey No. 544 originally comprised of Ac. 19-27 guntas which was owned by the plaintiff. Father of the first defendant was the protected tenant with respect to the entire land and when he defaulted in payment of rent, plaintiff initiated proceedings before the Tahsildar against the protected tenant for recovery of rent and also for restoration of possession. The protected-tenant, retaining only Ac. 4-00 of land out of the total extent of ac. 19-27 guntas in survey No. 544, wilfully surrendered his tenancy rights with respect














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