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1965 Supreme(AP) 104

NARASIMHAM
Alla Basavapunnareddy – Appellant
Versus
Kalaga Krishnayya – Respondent


NARASIMHAM, J.

( 1 ) THIS is an appeal against the judgment of the subordinate Judge, Tenali, in O. S. No. 72 of 19s6. The plaintiff is the Appellant. The suit has been filed against an adverse claim order made in I. A. 140 of 1958 in O. S. 138 of 1952.

( 2 ) THE facts relevant to this appeal may be briefly stated: The subject-matter of this suit is an extent of ac. 3-16 cents in S. Nos. 29 and 30-C of Velicherla Agraharam. F" the said extent was attached prior to judgment in O. S. 138 of 1952 by defendants 1 and 2 as the property of the 3rd defendant, Kamepalli Kotaiah. That was a suit for money alleged to be due from the 3rd defendant. The suit was decreed and in execution of the said decree defendants 1 and 2 brought the land to sale and purchased the same in Court auction for Rs. 6,030 on 10-1-1935. It is the case of the auction purchasers that they had taken possession through Court. I have to -state in this context that the record of the original attachment and the sale certificate were not exhibited. The said Kamepalli Kotaiah originally owned in the said Veilcherla Agraharam, ac. 3-62 cents bearing S. No. 28, ac. 6-60 cents bearing S. No. 29 and ac. 4-28 cents bearing S. No










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