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1970 Supreme(AP) 23

ALLADI KUPPUSWAMI
Alia Mangamma – Appellant
Versus
Bhimireddi Venkata Reddi – Respondent


ALLADI KUPPUSWAMI, J.

( 1 ) THE petitioners herein are defendants in O. S. 265 of 1953, district Munsii s Court, Tenali. In that suit a preliminary decree was passed and an application in I. A, 1479/66 was filed by the respondents for determining the mesne profits pursuant to the preliminary decree. A Commissioner was appointed to enquire into the mesne profits. In the course of the enquiry the petitioners herein filed a certified copy of the extraet from the Adangal which was marked as Ex, R. 1 which according to them would support their contention regarding the mesne profits. The Commissioner marked the document subject to proof, relevancy and admissibility. In his order he went elaborately into the question of the admissibility of the document and ultimately came to the conclusion that the contents of Ex. R. 1 cannot be proved by the production of the certified copy and therefore, Ex. R. 1 had to be rejected, Having regard to the view of the Commissioner the petitioners herein filed It A. 1479/66 under Section 151 C. P. C. before the learned District Munisif to decide the question whether or not Ex. R. 1 marked before the Commissioner is admissible. The learned District Munsif al





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