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1934 Supreme(Mad) 185

JACKSON
Sripada Satyanarayana Sarma – Appellant
Versus
Ravikanti Venkataramamurthy – Respondent


JUDGMENT

Jackson, J.

1. This appeal coming on for hearing, upon perusing the grounds of appeal, the judgment and decree of the lower Court and the material papers in the suit and upon hearing the arguments of Mr. Y. Suryanarayana, Advocate for the appellant, and of Mr. B. Jagannadha Das Advocate for respondents 1 to 3 and Mr. G. Lakshmanna Advocate for respondent 1 and respondent 5 not appearing in parson or by pleader, it is ordered that the District Judge of Ganjam do within two months from the date of the receipt of this order submit findings on the following issues, namely:

(1) Whether the receipt of rent on 14th December 1926, by defendant 1 as set forth in Ex. I-A amounts to waiver by defendants 1 to 3 of the right of forfeiture within the terms of Ex. A.

(2) Whether the failure to pay instalments due upon 15th Jauuary 1927 and 15th February 1927, amounts to a failure to pay consecutively for three yean within the terms of Ex. A, and entails forfeiture and that the parties be at liberty to adduce fresh evidence thereon and it is further ordered that the parties be at liberty to file objections, if any, to the said finding within 10 days after notice of the receipt of the same sha










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