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2001 Supreme(AP) 805

C.Y.SOMAYAJULU, MOTILAL B.NAIK
R. V. Bhupal Prasad – Appellant
Versus
Saleha Begum alias Shehensha begum – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) FIRST defendant in O. S. 538 of 1985 on the file of the Court of the III Additional Senior civil Judge, Vijayawada is the appellant in this appeal.

( 2 ) FIRST respondent filed the suit against the appellant and respondents 2 to 18 for recovery of possession of Navarang Theatre at Congress Office Road, Governorpet, vijayawada, hereinafter called the suit property, and for damages and mesne profits, on the ground that the agreed period of lease in respect of suit property between her, the appellant and respondents 2 to 18 under Ex. A-1 lease deed came to an end due to efflux of time. Appellant contested the suit contending that respondents 2 to 18 have no interest in the suit property, and that 1st respondent having initiated proceedings under the Rent control Act cannot invoke the jurisdiction of the Civil Court for eviction. During the fag end of the proceedings before the trial court, he filed two additional written statements on 13-9-1997 and 4-2-1999 contending that first respondent (plaintiff) did not acquire title to the suit property and that he cannot be evicted in view of clause 22 of Ex. A-1 lease deed, and that the suit is not maintainable in v




























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