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2013 Supreme(AP) 825

M.S.RAMACHANDRA RAO
Garlapati Venkateswarlu – Appellant
Versus
Divi Appalacharyulu – Respondent


Advocates Appeared:
For the Appellants:N. Sri Ram Murthy, Advocate.
For the Respondent:N. Subba Rao, Advocate.

Judgment :

1. This appeal is filed against the judgment and decree dt.13.11.1992 in OS.No.103 of 1979 on the file of the Sub-Ordinate Judge, Chirala.

2. The appellants are defendant Nos.2 and 3 in the said suit. The 1st defendant filed the suit for recovery of possession of the plaint schedule property, past profits @ Rs.2,000/-for the year 1978-79, future profits and costs. The suit was filed on 16.10.1979. The subject matter of the suit is an extent of Ac.0.93 cents in Sy.No.185/3 and another extent of Acs.1.01 cents in Sy.No.199/3 of Deverapalli Village, Chirala Taluq, Prakasham District (hereinafter referred to as the ‘plaint schedule property’).

3. The plaintiff contended that the plaint schedule property belonged to plaintiff and his family and the plaintiff’s father late D. Sayanacharyulu purchased the said property from one Mutyala Venkateswarlu (PW.2) and others under registered sale deed Ex.A.1 dt.19.06.1933 for a consideration of Rs.100/-; ever since the said purchase, plaintiff’s father was in possession of plaint schedule property and after his death in the year 1950, plaintiff succeeded to the said property and that mutation was also effected in the year 1932 itself i
































































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