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1952 Supreme(Mad) 302

KRISHNASWAMI NAYUDU, MACK
Polavarapu Venkataswami – Appellant
Versus
Nalluri Venkayya – Respondent


Advocates:
K. Umamaheswaram for Appellant.
C.A. Vaidyalingam and P. Rajeswaran for Respondent.

Krishnaswami Nayudu, J.-

The defendant is the appellant and the appeal is against the decree of the learned Subordinate Judge of Bapatla in O.S. No. 30 of 1947, the decree being for damages for breach of covenant of title and quiet possession. Two acres eighty-four cents of dry lands originally belonged to one Jalam-botlu, who leased it to the plaintiff’s father for a period of 25 years under Exhibit A-1, dated 4th October, 1921, on an annual rental of Rs. 76, subject to a payment of quit rent out of the maktha amounting to Rs. 2-5-6. The property owned by Jalambotlu was of the extent of 3 acres and odd. After the death of Jalambotlu his widow Sitaramamma, who acquired absolute rights to the property under a will left by her husband, conveyed 2 acres and 84 cents out of the 3 acres and odd owned by Jalambotlu to the defendant under a sale deed Exhibit B-2, dated 24th June 1932 for a consideration of Rs. 1,250. The property was already subject to an attachment before the judgment in O.S. No. 170 of 1932, a suit instituted by one Subbamma against Sitaramamma, for recovery of a sum of Rs. 500. Subsequently a decree was also passed in the suit. On 15th September, 1933, the defendant con













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