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1972 Supreme(AP) 47

C.KONDAIAH, P.RAMACHANDRA RAJU
Government Of A. P. – Appellant
Versus
Manickchand Jeevraj and Co. , Bombay – Respondent


KONDAIAH, J.

( 1 ) THE Respondent herein, on 29/07/1958 purchased the properties of M/s Govardhana Gold Fields Co. Ltd. , which started gold mining at Narayananagar in Palamaner taluk, Chittoor district, for a sum of Rs. 1,70,000. 00. The aforesaid Gold Fields company owned about Rs. 5,59,152. 50 p. Towards electric charges as per the statement of Andhra Pradesh Electricity Department, towards the recovery of which the Deputy Tahsildar, Kuppam, by virtue of the powers vested in him under the Revenue Recovery Act, attached movables of the company worth about Rupees 24,000/- on 10/12/1958. The claim petition of the respondent on the basis of its purchase from Govardhana Gold fields to the District Collector was dismissed on 13/12/1958. The District Collector affirmed the attachment in the same order. Thereupon , O. S. 24/59 on the file of the Court of the Subordinate Judge, Chittoor for declaration of the claimants right to and possession of the properties purchases by it from Govardhana Gold fields on 29. 7. 1958 was filed against the State. Pending the suit, the plaintiff prayed in I. A. 152/59 for possession of the attached moveables on the ground that they were perishable. The co















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