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2000 Supreme(AP) 151

C.V.N.SASTRY
Aga Khan Social Welfare Society, warangal – Appellant
Versus
Samudrala Srinivasa Rao – Respondent


C. V. N. SASTRY, J.

( 1 ) THESE two second appeals can be disposed of by a common judgment as they arise out of two suits which were disposed by a common judgment. The sole defendant in both the suits, who is one and the same, is the appellant.

( 2 ) THE two suits were filed by two different plaintiffs-landlords against the same defendant-tenant for eviction from the demised premises and for damages for use and occupation. The facts are not in dispute. The suit premises were leased out by the plaintiffs to the defendant for running a school. Initially the leases were granted for one year from 1-5-1990 to 30-4-1991. Subsequently the leases were extended for a further period of two years i. e. , upto 30-4-1993. The agreed rent in one case is Rs. 3,000/- per month and in the other it is Rs. 2,000/- per month. The suits were filed after issuing quit notices to the defendant by registered post on 6-7-1993 terminating the tenancy with effect from 31-7-1993 and claiming damages for use and occupation at the rate of Rs. 15,000/- and Rs. 10,000/- per month respectively with effect from 1-8-1993. The quit notices were returned unserved with an endorsement of refusal.

( 3 ) THE suits were resi








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