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1965 Supreme(AP) 185

A.GOPAL RAO, GOPALRAO EKBOLE
M. CHITTI SANYASI PRASAD RAO – Appellant
Versus
RUNKU LAKSHMAYYA – Respondent


GOPAL RAO EKBOTE, J.

( 1 ) THIS Revision Petition filed by the plaintiff is directed against the Judgment and decree of the District Munsif, Srikakulam, given on 27-4-1962. The necessary facts to appreciate the contention raised before me are, that the pliantiff instituted a suit to recover Rs. 471-95 np together with interest for arrears of rent for the year 1959 and for tht balance of the ambaram due for 1960 and 1961 from the defendint who was the cultivating tenant of the plaintiff s land. The principal contention of the defendant was that the plaintiff had filed an application for eviction on the ground of default and it was found by the tenancy Court that the defendant was not a defaulter. That judgment of the tenancy Court operates as res judicata. I am not concerned with the other contentions raised by the defendant in his written statement as nothing turns upon them in this Revision Petition. After recording the evidence adduced by the parries, the Additional Distr. ct Munsif Srikakulam, although reached the conclusion that the suit amount is due, dismissed the plaintiff s claim on the ground that the judgment of the Tenancy Court in A. T. A. No, 45 of 1960 operates as res

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