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2003 Supreme(AP) 1334

G.YETHIRAJULU
Someswara Swamy Vari Devastanam – Appellant
Versus
Dasam Suryanarayana – Respondent


Advocates:
C.S.K.V.R. Ramanamurthy, for Petitioner; C. Kodandaram, for Respondents 7 and 11. Kota Bhaskara Rao, for Respondent 8. None for Respondent 10.

Judgement

ORDER :- This revision petition is filed against the order of the Subordinate Judge, Tanuku in E.P. No. 30 of 1987 in O.S. No. 19 of 1974.

2. The 1st respondent society was given some land of the first petitioner for establishment of a college on a condition that the society shall deposit Rs. 1,50,000/- with Temple as a corpus and the interest accrued thereon shall be treated as the rent for leasing out the property to the 1st respondent society for a period of 30 years. There was a delay of 1½ years in deposit of Rs. 1,50,000/- after delivery of the property to the 1st respondent.

3. The revision petitioner filed a suit against the respondents for realisation of the amount due towards interest on the amount from the date of possession till the date of deposit, being the loss suffered by the first petitioner due to delayed payment of the said amount. The lower Court decreed the suit for Rs. 39,703.27 with interest and costs. The petitioner filed E.P. No. 62 of 1981 for realisation of the amount by way of attachment and sale of the property of the 2nd judgment debtor. That reached the stage of sale and when the property was actually brought for sale there were no bidders, the

















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