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1965 Supreme(AP) 257

GOPALRAO EKBOLE
M. RAMAIAH – Appellant
Versus
M. GOVINDU – Respondent


GOPAL RAO EKBOTE, J.

( 1 ) THE defendants having lost in both the courts below have come in Second appeal. The essential facts of the case in order to understand the arguments advanced before me may briefly be stated : the suit property is an unenfranchised barbers service inam land measuring ac. 1-57 cents comprised in Survey No. 154 situated in Kattubolu village. It was alleged that Polayya who was the head of the family leased out the suit land to the first defendant for the year 1940-41 on sharing system. The first defendant continued as a tenant holding over and was paying agreed share till 1953-54. After the death of Polayya, Plaintiffs 1 and 2 became the owners of the suit property along with Mangamma, the wife of Polayya. The first defendant continued as a tenant holding over even after the death of Polayya. On 29-3-1957 plaintiffs 1 and 2 and the said Mangamma sold the land to the third plaintiff. The 1st defendant was duly informed of the sale. The first defendent, however, did not respond. He instituted O. S. 90/57 for the issue of a permanent injunction restraining the third plaintiff from interfering with his possession. The suit was decreed. This suit therefore, WAS l








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