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1976 Supreme(AP) 53

V.MADHAVA RAO
Mohd. Abdul Basheer – Appellant
Versus
N. Sobhanadri – Respondent


V. MADHAVA RAO, J.

( 1 ) THIS revision is filed by the plain tiff-petitioner against the order dated 9th day of July, 1975, passed by the third Assistant Judge, City Civil Court, hyderabad in S. R. No. 3264/75 appointing an advocate as Commissioner to test the property to ascertain the market value of it and to submit his report. Further the plaintiff is directed to deposit a sum of Rs. 75/- towards the commissioner s fee besides paying the process by 16-7-1975. The learned Counsel for the petitioner contended that even before the suit is registered the lower court ought not to have directed the appointment of the commissioner to ascertain the market value of the suit property and submit his report.

( 2 ) THE suit is filed for possession of suit schedule property and for mesne profits, for damages or compensation for use and occupation at the rate of Rs. 150/- per month. The plaintiff also claimed future mesne profits at the rate of rs. 150/- per month from the date of the suit till the actual delivery of possession. It is alleged in the plaint, that the plaintiff is the absolute owner of the house bearing 5-4-438, situated at Station road, Nampally, Hyderabad, having purchased it f















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