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1961 Supreme(AP) 214

BASI REDDY
Magunta Kota Reddy (died) – Appellant
Versus
Pothula Chendrasekhara Reddy – Respondent


REDDY, J.

( 1 ) APPEAL No. 279 of 1955: This appeal is by defendants 4, 6 and 7 in O. S. No. 57 of 1947 on the file of the Subordinate Judges Court, Nellore, who were also respondents 3 10 5 in I. A. No. 168 of 1951 in that suit, against the final decree for mesne profits in respect of item 4 of the plaint A schedule lands, which was passed by the 1st Additional Subordinate Judge on 20th September, 1954. During the pendency of this appeal, the 4th defendant died and his legal representatives have been brought on record as appellants 4 and 5. In passing the above decree, the learned Subordinate Judge disagreed with the report of the Commissioner which, in his view, was thoroughly unsatisfactory and unhelpful inasmuch as the report was arbitrary, had no factual basis and was totally perverse. The learned Judge, therefore, carefully went into the matter and after scrutinising the evidence adduced by both sides, passed a decree in the following terms so far as defendants 4, 6 and 7 were concerned:"it is further ordeied and decreed that defendants 4, 6 and 7 do pay plaintiff Rs. 2,127-10-0 for F. I350; Rs. 941-14-0 for F. 1351; Rs. 114-14-0 for F. 1352; Rs. 320-14-0 for F. 1353; Rs. 354

















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