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2012 Supreme(SC) 522

A.K.PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA
STATE OF A. P. – Appellant
Versus
RAGHUKUL PERSHAD – Respondent


ORDER

1. Leave granted.

2. The facts briefly are that the respondents herein filed OS No. 2379 of 1990 in the Court of 5th Assistant Civil Judge, City Civil Court, Hyderabad against the appellants no. 1 to 4 for ejectment and resumption of possession of the suit land. The case of the respondents in the plaint was that the appellants had taken lease of the suit land from their common ancestor late Shri Dwaraka Pershad who had purchased the suit land from Nawab Raisyar Bahadur. The further case of the respondents in the plaint was that as the appellants failed to pay any rent from 1986 and renewed the lease after 1986, the respondents gave a notice to the appellants on 30.11.1989 to vacate the suit land. The appellants filed written statement pleading, inter alia, that the suit land actually belonged to the appellants and the lease deed had been executed and the rent had been paid to the respondents by mistake of fact. The learned Civil Judge decreed the suit for eviction after recording a finding, inter alia, that the appellants have not been able to prove the title to the land. The appellants filed First Appeal before the 3rd Additional Chief Judge, City Civil Court, Hyderabad whic







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