BATHINI SYAM PRASAD, BEING MINOR BY NEXT FRIEND B. ANANDARAMAYYA Vs. BATHINI MASTANAMMA
HIGH COURT OF ANDHRA PRADESH
Bathini Syam Prasad, being minor by next friend B. Anandaramayya
Bathini Mastanamma and Anr.
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Chandra Reddi, J. -
(1.) THIS is a petition for directions to pay some amount to the petitioner herein in the following circumstances:
(2.) THE petitioner, who is a minor, represented by his natural father, filed a suit for possession of certain properties, as the adopted son of one Govindayya Chowdari. The suit was contested, 'inter alia', on the ground that the Plaintiff was not validly adopted by the first wife of Govindayya. The trial Court accepting the case of the Plaintiff gave a decree for possession of about acres 80 -00 of land and mesne profits for the years 1949 and 1950 and also from the date of adoption up to the actual delivery of possession of the properties. The defeated Defendants preferred an appeal to this Court against the decree and judgment of the trial Court. Pending appeal, they obtained an interim stay of execution of the decree. After notice, the parties agreed to certain terms and the following is the relevant portion of the order passed by the Court based on that agreement:
The remuneration for the commissioner will be fixed by the lower Court. The Plaintiff will draw the costs without security. Out of the amount deposited by the commissioner, each year (in accordance with the directions contained in paragraph 4) the respondent will be paid at the rate of Rs. 250/ - a month on or before 15th April. As for the expenses of the appeal, a cheque for Rs. 3,000/ - will be issued to the Advocate for the respondent after the first deposit is made and the balance will be ordered on application made to this Court. Expedite printing.
(3.) THE order was passed on 2 -2 -1953 and ever since the petitioner is being paid a sum of Rs. 250/ - a month for his maintenance and the other amounts mentioned in paragraph 9 have also been received by him. In pursuance of this order, a commissioner was appointed for the ascertainment of mesne profits. It appears, after an elaborate enquiry, he found that a sum of Rs. 73,800/ - was due to the Plaintiff by way of mesne profits. Both sides have filed objections to this report, the Plaintiff claiming that he has to get at least another Rs. 50,000/ - and the Defendants contending that the Plaintiff will not be entitled to more than Rs. 40,000/ -. This has necessitated an enquiry into this matter by the lower Court. It is to pay the counsel for the Plaintiff, in connection with this enquiry, that the present application has been filed.;
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