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1978 Supreme(AP) 369

C.KONDAIAH, P.RAMAKRISHNAM RAJU
Khaja Abdul Khader – Appellant
Versus
Mahabub Saheb – Respondent


KONDAIAH, J.

( 1 ) THIS civil revision petition raises a short but interesting question of law relating to the scope and interpretation of the provision of R. 10- ( 2) of O. 1, C. P. C. and in particular the expression "questions involved in the suit".

( 2 ) IN-ORDER to appreciate the scope of the question, it is necessary to briefly state the admitted facts which lie in a short compass. The petitioner herein and the fourth respondent instituted O. S. 45 of 1975 on the file of the District Munsif, Goodwill, against respondents 2 and 3 here in for their ejectment and possession of the suit lands on the ground that the suit property belonged to the Mosque and the defendants were their tenants: The defendants denied the title of the plaintiff to the suit property and claimed be in possession and enjoyment of the lands. The first respondent died I. A. No. 211 of 1975 to implead him as party-defendant on the grounds that he is the heir of one Chandubai who was granted the suit property by the Samsthan Gadwal in the year l775 Salivahan for the purpose of arranging peers in Gadwal and that the plaintiffs are not the owners of the property. The claim of the applicant that he is a necessary









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