MAHADEV BADRI NARAYAN Vs. DORNALA RAMAIAH AND ANOTHER
HIGH COURT OF ANDHRA PRADESH
Mahadev Badri Narayan
Dornala Ramaiah And Another
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A.V.KRISHNA RAO,J. -
(1.) The plaintiff is the appellant. He filed the suit for a decree to set aside an order dated 3-8-1965 passed by the 2nd defendant, the Deputy Collector, Kothagudem, to put the plaintiff in possession of the suit land evicting the 2nd defendant from that land and to award costs of the suit and to grant such other reliefs as the Court might deem fit. The declaration is really sought in respect of a sale held under the Madras Revenue Recovery Act. The 1st defendant in the suit was the purchaser at the court auction.
(2.) The trial Court framed the following issues:-
(i) Whether the plaintiff has got valid title to the suit lands and he is in possession and enjoyment of the same?
(ii) Whether the auction conducted by the 2nd defendant is illegal and Irregular?
(iii) Whether the plaintiff has a cause of action to sue ?
(iv) Whether this court has got territorial jurisdiction to try the case?
(v) Whether the suit is in time?
(vi) To what relief?
(3.) After trying the various issues, the Court below, having due regard to its finding on Issues Nos. (i) to (iii) had dismissed the suit with costs. There was an appeal to the Court of the District Judge at Khammam. The learned Judge had dismissed the appeal with costs. The points framed by him for determination were:
(1) Whether the plaintiff can seek to set aside the sale?
(2) Whether the auction was conducted according to the provisions of Madras Revenue Recovery Act and hence liable to be set aside?;
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