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2022 Supreme(Telangana) 208

P.NAVEEN RAO, SAMBASIVA RAO NAIDU
K. Hari Kishan – Appellant
Versus
Banda Balram – Respondent


Advocates Appeared:
For the Petitioner: P.S.P. Suresh Kumar.
For the Respondent: Mahadev Anyarambhatla.

JUDGMENT :

Sambasiva Rao Naidu, J.

Aggrieved by the order/decree dated 18-07-2019 passed by the learned XIV Additional District Judge, Ranga Reddy District in I.A.No.1315 of 2017 in O.S.No.916 of 2017, the appellants, who are plaintiffs in the above said suit, have filed this appeal. The defendants in the said suit have filed I.A.No.1315 of 2017 under Order VII Rule 11 (d) of CPC, seeking rejection of plaint in O.S.No.916 of 2017. The trial court accepted the contentions of the respondents herein and allowed the I.A., rejecting the plaint filed by the appellants.

2. The appellants have claimed that the trial court erred in allowing I.A. with an observation that the suit filed by them is barred under Section 99 of the AP (T.A.) Tenancy and Agricultural Lands Act, 1950 (herein after referred to as the ‘Act’) by simply relying on the documents filed by the respondents inspite of the fact that they have also filed some documents and that the documents filed by the respondents are not proved by way of acceptable evidence. According to the appellants, as there is no proper record, there is an ambiguity with regard to the rights of the protected tenants as pleaded by the respondents. The app

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