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2001 Supreme(AP) 778

P.S.NARAYANA
Majeti Butchi Viswanadham – Appellant
Versus
Bathula Suryanarayana Murthy – Respondent


P. S. NARAYANA, J.

( 1 ) THIS Revision is directed against the order made in R. C. A. No. 18/92 on the file of Principal Subordinate Judge, visakhapatnam, reversing the order made in r. C. C. No. 38/85 on the file of Principal district Munsif-cum-Rent Controller, visakhapatnam.

( 2 ) FOR the purpose of convenience, the parties will be referred to as arrayed in the court of first instance, as landlords and the tenant.

( 3 ) THE landlords had filed R. C. C. No. 38/85 on the file of Principal district Munsif-cum-Rent Controller, visakhapatnam against the tenant on the ground of wilful default and also on certain other grounds including the ground of change of user of the premises. Originally, the rent was Rs. 50. 00 and the premises was taken for the purpose of running cloth business and subsequently it was changed to kirana business. Originally, the tenancy commenced during the life time of the father of the tenant and after his death, his son is continuing the business in the same premises. But there is some material to show that there is change of business. It is not in dispute, but the stand taken by the tenant is that the change of business is with the oral consent of the landlord










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