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Mortgage suit Or. 34 Rule 11 C.P.C.- Banker's Book Evidence Act - Appeal against preliminary decree after passing final decree - Reduction of suit claim by wrongly rejecting statement of account as per Banker's Book Evidence Act -Court has got jurisdiction to scaled down the interest of Plaintiff's Bank - Bank can maintain appeal over the preliminary decree even after passing of final decree - High court partly allowed the Appeal = State Bank of India Settipalle Branch, Tirupati, Chittoor District, Rep. by its Chief Manager...... Appellant P. Veeranarayana, S/o.P.Veeraswamy Naidu, Hindu, aged about 49 years, Occ: Business, Managing Director o M/s.Siubar Auto Parts Limited, Sattipalle, Tirupati...... Respondent = Published in judis.nic.in/judis_andhra/filename=10295

Mortgage suit Or. 34 Rule 11 C.P.C.- Banker's Book Evidence Act - Appeal against preliminary decree after passing final decree - Reduction of suit claim by wrongly rejecting statement of account as per Banker's Book Evidence Act -Court has got jurisdiction to scaled down the interest of Plaintiff's Bank - Bank can maintain appeal over the preliminary decree even after passing of final decree - High court partly allowed the Appeal =

Sections 2(3) and 4 of the Banker's Book Evidence Act provides as follows:

"2(3). "banker's books" include ledgers, day-books, cash-books, account-books,
and all other records used in the ordinary business of a bank, whether these
record are kept in the written form or stored in a micro film, magnetic tape or
in any other form of mechanical or electronic date retrieval mechanism, either
onsite or at any offsite location including a back-up or disaster recovery site
of both"
...

4. Mode of proof of entries in banker's books…

Rent control case - Eviction petition not maintainable in the absence of land-lord and tenant relationship - Rent control case is filed with out having any registered sale deed for eviction - with out permission of original owner , no rent control case is to be filed - Appellate court found the dispute about the title raised by tenant is a bonafide - Rent control court has no jurisdiction to decided the title except whether the denial of title is bonafide or not - Revision court has no jurisdiction to reassess the entire evidence done by appellant court in the absence of blatant mistakes under sec.22 of Act - High court dismissed the revision = Vanumu Kondamma (died) per LRs.... petitioners Polavarapu Simhachalam... Respondent = Published in judis.nic.in/judis_andhra/filename=10293

Rent control case - Eviction petition not maintainable in the absence of land-lord and tenant relationship - Rent control case is filed with out having any registered sale deed  for eviction - with out permission of original owner , no rent control case is to be filed - Appellate court found the dispute about the title raised by tenant is a bonafide - Rent control court has no jurisdiction to decided the title except whether the denial of title is bonafide or not - Revision court has no jurisdiction to reassess the entire evidence done by appellant court in the absence of blatant mistakes under sec.22 of Act - High court dismissed the revision =
The respondents-tenants filed counter in all the rent control cases taking
the same plea and denying that the 1st revision petitioner is the owner of the
petition schedule property.  They also denied that they took lease of the
property from the husband of the 1st revision petitioner.  
It is also contended
by the respondents that the property origi…

Or.6, rule 17 ,Order 21 Rules 97 and 101 CPC -amendment of claim petition - introduction of new case - Not maintainable - Lower court rightly dismissed the same = High court dismissed the Civil Revision Petition = Sri Venkata Ramana Arcade, Nellore,being a partnership firm, represented by its Managing Partner, M.Radha Krishnaiah.... Petitioner Y.Vijaya Lakshmamma (died) and others...Respondents = Published in judis.nic.in/judis_andhra/filename=10283

Or.6, rule 17 ,Order 21 Rules 97 and 101 CPC -amendment of claim petition - introduction of new case - Not maintainable - Lower court rightly dismissed the same = High court dismissed the Civil Revision Petition =

Under the proposed amendments, the petitioner firm sought to
introduce a wholly new foundation for justifying its claim by putting up an
agreement of sale allegedly executed in its favour in respect of the E.P.
schedule property. This agreement of sale was dated about two months prior to
the date of the filing of E.A. 444 of 2005. However, no mention thereof was made
in the original claim petition and the contents thereof indicated a different
basis altogether for the claim under Order 21 Rules 97 and 101 CPC. The case
therein was that the petitioner firm was holding possession of the property on
behalf of R.Vijaya Varma. Now, a new case is put forth that R.Vijaya Varma
executed an agreement of sale on 07.07.2005 through his G.P.A., Alluri Atchuta
Rama Raju, even before the filing of E…