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1956 Supreme(AP) 45

SUBBA RAO
K. Venkatasubbayya – Appellant
Versus
K. Rosayya – Respondent


Advocates:
N.C. Raghavachari and S. Srinivasan, for Appellant; G. Venkataramasastry, for Respondents.

JUDGMENT :- The plaintiffs purchased the plaint schedule property from defendant 5 under Ex. A-1 dated 14-5-1943 for a sum of Rs. 500/-. The same property was agreed to be sold to defendant 1 by defendant 5 under Ex. B-3 dated 11-7-1942 and he was put in possession of the property on the said date. Defendant 1 filed O. S. No. 175 of 1945 on the file of the Court of the District Munsif, Bapatla for specific performance of the said agreement. That suit was dismissed by the first Court and it was confirmed on appeal by the Sub-Court and on Second Appeal by the High Court.

The plaintiffs filed at an earlier stage O. S. No. 357 of 1943 on the file of the Court of the District Munsif, Bapatla, alleging that they were in possession and for an injunction restraining defendants 1 to 4 from obstructing their possession but the first Court as well as the two Appellate Courts held that they were not in possession and, therefore, their claim was rejected. The present suit was filed by the plaintiffs on the basis of title lor possession and for mesne profits. They alleged that defendants 1 to 4 dispossessed them on 17-8-1946.

2. Defendants 2 to 4 were ex parte.

3. Defendant 1 pleaded, inter alia, t

































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