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1960 Supreme(AP) 255

K.RAMACHANDRA RAO, P.CHANDRA REDDY
Chintalapati Varahalamma – Appellant
Versus
Gavva Nallayya – Respondent


RAO, J.

( 1 ) IN this appeal, the plaintiff whose claim for mesne profits has been negatived for the major portion is the appellant.

( 2 ) THE facts leading up to the present appeal are briefly as follows: The plaintiff is the owner of certain lands, wet and dry, of the extent of 16 acres in Kailasapatnam agraharam within the Visakhapatnam district. She filed a suit O. S. No. 90 of 1943 on the file of the court of the District Munsif of Yellamanchiji for the ejectment of the defendants from the suit land, for recovery of possession thereof with arrears of rent and for future mesne profits. The claim was laid on the footing that the plaintiff is the owner of the property, which she leased out to the defendants as yearly tenants. The lease was terminated by a registered notice to the 1st defendant on 30-12-1941 and that is how the plaintiff claimed the relief for possession. The suit was decreed in favour of the plaintiff on the 21st of August, 1944 negativtiving the contention of the defendants that the suit property formed part of an estate within the meaning of section 3 (2) (d) of the Madras Estates Land Act. Besides a decree for possession, there was a preliminary decree for mes









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