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1947 Supreme(Mad) 327

SIR FREDERICK WILLIAM GENTLE, PATANJALI SASTRI, BELLIE
Katragadda Brahmayya, minor by mother and guardian Katragadda Jagadamba and others – Appellant
Versus
Katragadda Balatripura Sundaramma and others – Respondent


Advocates Appeared:
Ch. Raghava Rao for Appellants.
P. Somasundaram and C.V. Narasimha Rao for Respondents.

Judgment:

The Chief Justice.-This Letters Patent Appeal arises out of a suit in the Court of the District Munsiff of Repalle in which the plaintiff (respondent) claimed possession, rent and mesne profits in respect of two acres 59 cents of agricultural minor inam land from defendants 1, 2 and 3 (appellants 1, 2 and 3); no claim was made against defendant 4 (appellant 4) nor against defendants 5 and 6 (respondents 2 and 3); the last two named parties were joined, pro forma as they were vendors of the land in suit to the plaintiff whose claim they supported. The learned District Munsiff dismissed the suit; an appeal by the plaintiff to the Court of the Subordinate Judge of Tenali was allowed; a second appeal by defendants 1 to 4 to this Court was dismissed by Chandrasekhara Aiyar, J., who on the ground that difficult questions were involved, granted a certificate to prefer an appeal pursuant to the Letters Patent of the Court; upon that appeal coming before a Bench, reference was made to two decisions of this Court each given by a Bench, in Zamindar of Parlakimedi v. Ramayya1and Aiyanars v. Periakaruppa Thevan 2which, it was stated, are in conflict. The appeal has been posted before















































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