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1955 Supreme(AP) 312

Konijeti Venkayya – Appellant
Versus
Thammana Peda Venkata Subbarao – Respondent


VISWANATHA SASTRI, J.

( 1 ) THE facts that are common to these appeals have been stated in the judgment of my learned brother which I have had the advantage of reading and it is unnecessary for me to repeat them. Suffice it to say that the dispute in four of these appeals encircles a lease, Exhibit B-26 granted by the 1st defendant on 29th January, 1947. The dispute in A. S. No. 642/51 relates to the truth and validity of a codicil Exhibit B-21 (a) and of a gift deed Exhibit B-41 purporting to have been executed by the 1st defendant. The general features of the case as well as the contentions of the parties and the findings of the lower Court in the suits which have given rise to these appeals, have been adverted to in the judgment of my brother. In my judgment, I propose to deal with the case of the parties in so far as it relates to the validity of the leases of the Kanaka Durga Groundnut Oil Mill, Exhibits B-2, B-8. B-12 and B-26 the particulars of which have been set out in the judgment just now delivered.

( 2 ) ON the construction of the lease deed Exhibit B-2 dated 12th December, 1943, i am of the opinion that the two lessees, the plaintiff and his father, acquired the leaseh







































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