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1986 Supreme(SC) 139

B.C.RAY, K.N.SINGH, O.CHHINNAPPA REDDY
General Radio And Appliances Company LTD. – Appellant
Versus
M. A. Khader – Respondent


Advocates:
A.SUBBA RAO, D.N.Mishra, Ratna Kapur, U.R.Lalit

Judgment

B.C. RAY, J.:- This appeal by way of certificate granted by the High Court of Andhra Pradesh at Hyderabad under Article 133 of the Constitution of India is against the judgment and decree in Civil Revision Petition No. 684 of 1974 made on 23rd of April, 1976 and it raises an important question of law, i.e. whether the voluntary amalgamation of the first and second appellants companies amounts to a transfer of the first appellants right under the lease within the meaning of S. 10(ii)(a) of Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960.

2. The front corner portion of the premises bearing No. 8092/l/2 (new No. 5-1-1) situated at Rashtrapati Road at Secunderabad was let out on January 12,1959 to M/s General Radio & Appliances Co. (P) Ltd., the first appellant, on a monthly rent of Rs. 200/- on the basis of the rental agreement dated January 12, 1959 (Exhibit P-6) executed by the first appellant. Clause 4 of the said agreement provides that the tenant shall not sub-let the premises or any portion thereof to anyone without the written consent of the landlord. The respondent-landlord M.A. Khader issued a notice dated December 26, 1968 to the tenant-appellant N


























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