M. S. LIBERHAN, C. J.

( 1 ) BRIEFLY undisputed sequence of events to answer the question referred to Full Bench are: the construction of the demised premises occupied by the appellant (hereinafter referred as tenant ) would be deemed to be complete on 1-1-1972 as defined under the Andhra Pradesh buildings (Lease, Rent and Eviction) control Act, 1960 (hereinafter referred to as the Act ), as the tenant occupied the same on this date. Suit for possession and mesne profits was instituted on 30-11-1981 by the respondent (hereinafter referred to as landlord (sic. landlady) ). The Supreme court in Motor General Traders vs. State of a. P. vide its order dated 26-10-1983 declared Section 32 (b) of the Act granting exemption to the newly constructed buildings from the applicability of the Act as ultra vires.

( 2 ) THE trial Court dismissed the suit, holding, it not maintainable, in view of section 32 (b) of the Act, providing for exemption from the applicability of the Act to the newly constructed buildings, having been struck down by the Supreme Court.

( 3 ) ON appeal, learned single Judge came to the conclusion that the suit was within ten years i. e. , within the period of exemption

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