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1956 Supreme(AP) 94

BHIMASANKARAM, P.SATYANARAYANA RAJU
ALAPATI SIVARAMAKRISHNAYYA – Appellant
Versus
ALAPATI KASIVISWANATHAM – Respondent


BHIMASANKARAM, J.

( 1 ) THIS is an appeal against the judgment of our learned brother Satyanarayana Rao, J. , which was pronounced by him as a Judge of the Madras high Court. The appeal has been transferred to this Court under Section 38 of the Andhra State Act. By his judgment, the learned Judge confirmed the decree of the learned Subordinate Judge of Tenali in favour of the plaintiffs in O. S. No. 42 of 1947 on the file of the latter. The 1st defendant in that suit was the appellant before the learned Judge and he is also the appellant before us. There were three plaintiffs in the suit, plaintiffs 2 and 3 being alleged to be the tenants of the 1st plaintiff in respect of the land which is the subject- matter of the dispute between the parties. The 1st plaintiff claimed to have purchased the land from the 1st defendant under a sale deed dated 13-7-1939 in pursuance of an agreement dated 10th of February that year. The sale deed and the agreement have been marked in the suit as Exs. A-1 and A-2 respectively. The 1st plaintiff alleged in the plaint that he was put in possession of the land and that till 1946, it "was being cultivated with the help of the cattle and farm-servants bel

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