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2000 Supreme(AP) 177

C.V.N.SASTRY
S. Suresh – Appellant
Versus
Syed Omer – Respondent


C. V. N. SASTRY, J.

( 1 ) THE first defendant and the third defendant, who was brought on record as the legal representative of the deceased-second defendant in the suit, are the appellants in this Second Appeal. First respondent-plaintiff filed the suit against defendants 1 and 2 for recovery of vacant possession of the suit site after ejecting the defendants therefrom. As the second defendant died during the pendency of the suit, her LRs were brought on record as defendants 3 and 4. The fourth defendant is arrayed as second respondent in this Second Appeal.

( 2 ) THERE is not much controversy about the facts of the case. The plaintiff, who is the owner of the suit site admeasuring 1555 sq. yds in Hayatnagar village, leased out the same to the first defendant under lease deed dated 10-12-1979 (marked as Ex. A-2) for a period of 10 years initially with an option for the lessee to renew the lease for a further period of 10 years by giving prior notice of not less than six months before the expiry of the lease period. According to the plaintiff, the first defendant sub-let the same to the second defendant, without his knowledge or consent. It is, however, the case of the defendants th

















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