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2018 Supreme(AP) 486

RAMESH RANGANATHAN, N.BALAYOGI
Bank of India, rep by its Attorney G. V. Kameswara Rao – Appellant
Versus
Begi Venkateswara Rao – Respondent


Advocates Appeared:
For the Petitioners: T. Vidya Rani, SC for BOI.
For the Respondents:O. Manoher Reddy, Advocate.

JUDGMENT :

RAMESH RANGANATHAN, J.

1. Both these appeals are preferred by the Bank of India against the judgment and decree passed by the I Additional Senior Civil Judge, Visakhapatnam in O.S.Nos.307 of 1979 and O.S.No.116 of1981 dated 29.04.2016. While O.S.No.307 of 1979 was filed by the appellant-Bank for recovery of a sum of Rs.5,01,129.22 ps from the defendants based on an equitable mortgage, O.S.No.116 of 1981 was filed by the defendants in O.S.No.307 of 1979 seeking rendition of accounts by the Bank, and for payment of the balance amounts due to the plaintiffs with interest at 18% per annum; for eviction of the Bank from the plaint schedule premises occupied by them; for future damages for use and occupation or mesne profits from 01.03.1981 at the rate of Rs.12,000/- per month; and for subsequent interest, and for the costs of the Suit.

2. By the judgment and decree dated 29.04.2016, the Learned I Additional Senior Civil Judge, Visakhapatnam dismissed O.S.No.307 of 1979 filed by the Bank with costs holding that the defendant-landlords were entitled to get back their title deeds; the Suit in O.S.No.116 of 1981, filed by the landlord-defendants, was decreed with costs for recovery






















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