KONDIBA Vs. ASPRUBA

JUDGEMENT

(1.) - Petitioners, who are defendants Nos. 3 to 5 in a suit filed by the plaintiffs, have filed this revision application challenging the order passed by the learned Trial Judge on 20 August, 1985 deleting the issue No. 5 regarding exchange of land dated 21-1-1981 being null and void as per the provisions of the Hyderabad Tenancy Act.

(2.) PLAINTIFFS have filed a suit for declaration and permanent injunction against the defendants. In the suit, the defendants Nos. 3 to 5 file i a written statement contending that they are protected tenants over the suit land and the protected tenancy certificate is also issued in their favour. In the light of averments in the written statement, issue No. 5 was framed as follows -

(3.) THIS order deleting the issue is challenged by the petitioners in this revision. The second order which is passed on Exhibit 77 is also challenged by them because that order is passed in the light of order passed on the application Exhibit 64 preferred by defendants for referring the issue No. 5 to the Tenancy Court.