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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE NYAPATHY VIJAY, J
Musunuri Satyanarayana – Appellant
Versus
Tummala Indira Devi – Respondent
ORDER :
This Civil Revision Petition is filed questioning the order dated 19.07.2023 in E.P.No.19 of 2021 in A.T.C.No.2 of 2003 passed by the Principal Junior Civil Judge, Ponnur, whereunder an application filed under Order XXI Rule 35(1), r/w Section 144 and 151 C.P.C., by the Petitioner seeking for restoration of possession of the scheduled property through Court Amin was dismissed.
2. The introductory facts: The Petitioner filed A.T.C.No.2 of 2003 under Sections 16 and 15 of the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 (for short ‘the Act’) against Respondent No.1 alone seeking to declare that the price of the scheduled land i.e. Rs.1,25,000/- per acre is reasonable and the same is accepted by the Respondent and for other consequential reliefs. As per the petition, the husband of Respondent No.1 late Dr.T.Veeraiah, Dr.T.Suryanarayana, Dr.T.Sashagiri Rao and T.Satya Narayana (Retired Engineer) were brothers.
3. The 1st Respondent was given General Power of Attorney by Dr.T.Suryanarayana to manage the properties, while Dr.T.Veeraiah died testate on 04.02.2002. Pursuant to a Will said to have been executed by Dr.T.Veeraiah, the Respondent No.1 succeeded to her husband's share of
The inherent power of courts to restore possession is affirmed, allowing rectification of wrongful dispossession even outside strict provisions of the Civil Procedure Code.
Intentional violation of an injunction order must be established for enforcement under Order XXI Rule 32 CPC.
Mesne profits are inherent in restitution and can be awarded even without a specific decree for possession, based on the principle of unjust enrichment.
The tenant's rights under the A.P. Tenancy Act must be upheld, and any sale deed executed without offering the property to the tenant is voidable at the tenant's option.
The duty of the appellate court to evaluate the correctness of the trial court's discretion in interim applications, legal heirship rights, and discrepancies in possession claims.
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