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1995 Supreme(SC) 444

S.C.AGRAWAL, SUJATA V.MANOHAR
Koti Sarojanamma – Appellant
Versus
Jonnalagada Malleswara Rao – Respondent


Advocates:
A.SUBBA RAO, Indra Sawhney, SHYAMALA PAPPU

JUDGMENT

Mrs. SUJATA V. MANOHAR, J.:—The appellants had filed a suit being O.S. No. 159/83 before the Additional Munsiff, Guntur to evict the respondent from their property consisting of vacant site, zinc sheet shed and Saw mill machinery which had been leased in the year 1967 to the respondent under an oral lease. The property is situated in Guntur Town, Nagarmelem Old Ward No. 17, New Ward No. 23, Block No. 14, TS No. 411. The respondent contended, inter alia, that the Civil Court had no jurisdiction to entertain and try the suit; the Rent Controller alone had jurisdiction in the matter under the provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The respondent also contended that there was no valid quit notice, that he was entitled to continue in the suit premises till April, 1986 and that the appellants did not require the premises for their personal use as was contended by them. The Additional Munsiff, Guntur decreed the suit of the appellants. He held that the tenancy was from month to month and the quit notice was valid. He also held that the lease in question was in relation to land and machinery. The zinc sheet shed being only an acces

























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