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2001 Supreme(AP) 1450

V.V.S.RAO, S.B.SINHA
Gundu Preemsagar – Appellant
Versus
Nagabandi Jayashankar – Respondent


S. B. SINHA, J, J.

( 1 ) A learned single Judge of this Court by an order-dated 28-8-2001 has referred the following questions to a Division Bench. 1. Whether the ground of wilful default will not be available to a landlord even if the irregular payment of rents had been clearly established on the sole ground that the landlord had received the rents before the institution of the RCC despite the fact that the rents were received by the landlord on protest and without prejudice to his rights?2. What is the effect of the ratio laid down in Dakaya Alias Dakaiah v. Anjani, 1996 (1) ALT 1 (SC), K. A. Ramesh and others v. Susheela Bai, (1998) 3 SCC 58, and M Bhaskar, v. J. Venkataramanaidu, (1996) 6 SCC 228. 3. WHETHER doctrine of waiver can be made applicable in the facts and circumstances of the present case?4. Whether running of business by a family member in the name of the firm will amount to sub-letting within the meaning of A. P. Buildings (Lease, rent and Eviction) Control Act, 1960 in the light of the provisions of Indian partnershdip Act?

( 2 ) THE revision petition arises out of an order of the learned Principal Senior civil Judge, Warangal in RCA No. 5 of 1994 confirming an orde







































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