Sriramdasu Venkata ... vs Thota Kotaiah
2021 Latest Caselaw 2865 AP

                    HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.286 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                      ORDER                                    OFFICE
No.                                                                                          NOTE
3.    04.08.2021   MVR,J                                                                    Tr. to I-O
                                             S.A.No.286 of 2021                               folder
                                                                                              before
                                                                                           correction
                           Heard Sri K.Maheswara Rao, learned counsel for the                s if any.
                                                                                            Pl.verify.
                   appellants.
                           Upon consideration of the decrees and judgments of the
                   trial Court as well as the 1st appellate Court, since the
                   following substantial questions of law arise for determination in
                   the second appeal, ADMIT.
                           1. Whether both the Courts below rightly applied the
                              statutory presumption enunciated in Section 6 of the
                              A.P.Rights in Land and Pattadar Passbooks Act, 1971
                              in appreciating Ex.B4 to Ex.B6?
                           2. Whether both the Courts below correctly perceived
                              the true purport and intendment of proviso of Section
                              49 of the Registration Act, 1908 and whether it has
                              been applied to the facts in the instant case, is it
                              legally sustainable or not?
                           3. Whether the 1st appellate Court as a final Court of
                              facts properly perceived the cogent documentary
                              evidence on record produced by the appellants to
                              substantiate     their   assertions   more   so,   without
                              formulating the core points for consideration etc., is
                              it in consonance with the well settled legal principle
                              held in V.Manjunath Rao v. V.Chandra Sekhar and
                              another(2017(15) SCC 309) or not?


                         Issue notice to the respondent to submit arguments in

respect of above substantial questions of law(Arulmighu Nellukadai Mariamman Tirukkoil v. Tamilarasi(dead) by Lrs. (AIR 2019 SC 3027) followed). List the matter during the second week of September, 2021 along with S.A.No.301 of 2021.

______ MVR,J Pab