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september 1963

Supreme Court of India · 1963-09-12

STATE OF ANDHRA PRADESH vs GUNDUGOLA VENKATA SURYANARAYANA GARU

Citation / case number
SC 1961/191
Court
Supreme Court of India
Petitioner
STATE OF ANDHRA PRADESH
Respondent
GUNDUGOLA VENKATA SURYANARAYANA GARU
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that a suit filed by one person after serving notice under Section 80 of the Code of Civil Procedure by two persons is maintainable as a representative suit, provided the court grants permission for such representation. The Court clarified that the requirement for permission applies to instituting the suit, not to serving the notice. Furthermore, it ruled that the lands in dispute did not constitute an 'estate' under Section 3(2)(d) of the Madras Estates Land Act, 1908, thus the Madras Rent Reduction Act, 1947 was inapplicable. The High Court's decision to grant relief was upheld, and the appeal was dismissed.

STATE OF ANDHRA PRADESH vs GUNDUGOLA VENKATA SURYANARAYANA GARU · Niyam