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1966 Supreme(AP) 197

GOPALRAO EKBOLE
Pulavarthi Venkata Subba Rao – Appellant
Versus
Jupudi Kesava Rao – Respondent


( 1 ) THESE three appeals raise common questions of fact and law. They can therefore be conveniently disposed of by a common judgment. O. S. No. 81 of 1957 was filed by Pulavarthi Venkata Subbarao and Pulavarthi venka Anjanaganaramakrishna Anandarao for the recovery of possession of the suit site after removing the construction and mill materials thereon. This suit was instituted on 12th March, 1957. S. A. No. 488 of 1962 arises out of that suit, another O. S. No. 100 of 1957 was filed by the same persons on 5th April, 1957, for recovery of Rs. 4,700 as damages for use and occupation of the suit site for a period commencing from 1st January, 1957 to 4th April, 1957 at the rate of Rs. 50 per day, in all for 94 days. S. A. No. 516 of 1962 arises out of that suit. The third suit, O. S. No. 92 of 1958 was filed by defendants i and 2 in the abovesaid two suits against the plaintiffs in those two suits. Defendants 3 and 4 who were once partners of the rice mill along with the plaintiff, were also made parties to the suit. That suit was instituted for specific performance of an agreement of lease dated 6th January, 1957. S. A. No. 875 of 1961 arises out of that suit. The trial Court gave































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