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2009 Supreme(AP) 202

V.V.S.RAO
M. S. N. Charities, Kakinada – Appellant
Versus
Pilla Ramarao (died) per L. Rs. – Respondent


Advocates appeared
For the Appellant :C.S.K.V. Ramana Murthy, Advocate. For the Respondents:Srinivas Chittusu, Advocate.

JUDGMENT :

This is plaintiff's appeal against the judgment and decree dated 25.02.1991 in O.S.No.3 of 1989 on the file of the Court of the Subordinate Judge, Pithapuram. Suit for recovery of Rs.2,46,584.05ps was partly decreed and plaintiff is in appeal with regard to other part.

During pendency of the appeal first respondent/first defendant died and his LRs are on record. Respondent Nos.3 and 4/defendant Nos.3 and 4 are represented by counsel. In spite of service of notice, defendant Nos.2 and 6 have not chosen to enter appearance.

Appellant (hereafter called, plaintiff), which is an institution – Malladi Satyalingam Nayikar Charities, Kakinada, for charitable purposes, statedly owns about 100 acres of fertilized lands. An extent of agricultural double crop wet land in Acs.31.64 comprised in survey Nos.95/1 and 98/1 situated at Fakhruddinpalem Village, Pithapuram Mandal, East Godavari District, was leased out to defendants. Be it noted that second defendant is mother and defendant Nos.1, 3 to 6 are her children, who had joint lease from 1955. The agreed makta was 242 kata bags (each 75 kgs) payable on or before 15th January of each year.

Defendants did not pay makta for ten years f
































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