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2008 Supreme(AP) 459

V.V.S.RAO
Amara Venkata Subbaiah & Sons – Appellant
Versus
Shaik Hussain Bi – Respondent


Advocates Appeared:
Mr. J. Seshagiri Rao, Counsel for the Appellants in AS. 568 of 1989 and for R-2 to R-8 in AS. 1541/1989.
Mr. M.S. Ramachandra Rao, Counsel for Respondent NO.1 in both the appeals.
Mr. P.R. Prasad, Counsel for Respondent NO.3 in AS. 568/1989 and for Appellants in AS. 1541/1989.

JUDGMENT

Introduction

These two appeals by defendants, are against judgment and decree dated 30.12.1988 in O.S.No.33 of 1981 on the file of the Court of Subordinate Judge, Kavali. Appellant in A.S.No.1541 of 1989 is aggrieved by the decree declaring that Shaik Hussain Bi (SHB), first respondent in appeal, is owner of items 1 and 2 of plaint-A schedule properties. Appellants in A.S.No.568 of 1989 are aggrieved by clause (2) of decree directing that they shall pay an amount of Rs.30,000/- to SHB with future interest thereon at 6% per annum from the date of the suit i.e., 04.4.1980 till the date of realisation. As both the appeals arise out of the same judgment, it is expedient to dispose of them by common judgment. For the sake of convenience, parties are referred to by their status in suit.

Pleadings of plaintiff

2. SHB filed the suit for declaration of title in respect of plaint-A schedule properties and for direction to defendants 2 and 3 or first defendant in the alternative to pay her a sum of Rs.30,000/- with future interest thereon. Her case is that she is resident of Kommalapadu village of Addanki Taluk in Prakasam District. She was married to Mohammed Ali. Her husband abandoned














































































































































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