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1938 Supreme(Mad) 337

VENKATARAMANA RAO
Parvata Satyanarayanamurthy – Appellant
Versus
Sri Rajah Saheb Maharbabu-i-Doshan Sri Rajah Rao Venkata Kumara Mahipathi Surya Rao Bahadur Guru, – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This is a batch of 28 appeals which arise out of suits filed by the Maharajah of Pithapuram the respondent herein against his tenants the defendants for recovery of arrears of rent for occupation of lands in various villages which originally formed part of what was known as Thotapalli estate to which the plaintiff claimed title by a purchase by his predecessor-in-title. The arrears of rent were claimed from faslis 1332 to 1343. The liability to pay rent was not disputed but most of the suits were resisted mainly on the ground of limitation and some were resisted on the ground that they were barred by Order 2, Rule 2, Civil Procedure Code. In answer to the plea of limitation the plaintiff relied on Section 14 of the Limitation Act on the ground that a prior litigation against the same tenants in Civil Court saved limitation. In answer to the plea raised by Order 2, Rule 2, the plaintiff also relied on the pendency of the prior litigation in respect of the claims which are sought to be defeated by this technical plea. The Deputy Collector upheld the plea of the defendants as to limitation but overruled the plea as to Order 2, Rule 2 and gave decrees on































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