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1983 Supreme(SC) 353

A.P.SEN, E.S.VENKATARAMIAH
Satish Chand Makhan – Appellant
Versus
Govardhan Das Byas – Respondent


Advocates:
A.SUBBA RAO, K.RAM KUMAR, Y.S.Chitale

JUDGMENT

SEN, J.:—This appeal by special leave is directed against a judgment of the Andhra Pradesh High Court dated July 5, 1983 upholding the judgment and decree of the Civil Judge, City Civil Court, Hyderabad dated Dec. 31, 1982 and those of the Third Assistant Judge, City Civil Court, Hyderabad dated March 5, 1982 and decreeing the plaintiffs suit for possession of open land described in the plaint schedule and more mesne profits thereof.

2. Put very shortly, the essential facts are these. By a registered indenture of lease dated Jan. 8, 1965 Exh. A-3, the father of the plaintiffs damaged a piece of open land admeasuring 84 ft. X 22 ft. situate at Basheerbagh, Hyderabad, more fully described in the plan annexed to the lease deed, to the defendant No. 1 for a period of five years. The rent stipulated in the lease deed was Rs. 311/- per month. Acting upon the grant, the defendant No. 1 put up a superstucture worth more than rupees one lakh and carrried on the business of running a hotel from the demised premises. After the expiry of the period of five years, the parties entered into an agreement to renew the monthly lease for a further period of nine years w. e. f. June 1, 1971, t









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