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1995 Supreme(AP) 272

P.VENKATRAMA REDDY
Maram Venkata Subbarao – Appellant
Versus
Nagasuri Koteswara – Respondent


P. VENKATARAMA REDDY, J.

( 1 ) THIS second appeal arises out of a suit for eviction of the appellant (1st defendant) and for recovery of possession filed by respondents 1 and 2 herein and the original owner, who died.

( 2 ) THE suit - O. S. No. 385/81 (on the file of the Principal District Munsif s court, Addanki was filed by one Sri B. V. Raghavacharyulu. During the pendency of the suit, respondents 1 and 2 jointly purchased the suit building and hence they were impleaded as plaintiffs 2 and 3. Later, during the pendency of the appeal, the 1st plaintiff Sri Raghavacharyulu died.

( 3 ) THE plaintiffs sought for eviction on the ground that the defendant- appellant committed breach of the terms of the lease agreement Ex. A-2 dated 7-4-1979 and despite expiry of the lease period of eleven months and the issuance of notice to vacate, the appellant failed to vacate the premises. It was held by the Courts below that Ex. B-3 agreement set up by the appellant according to which the lease period was three years, was not a genuine document and Ex. A-2 was valid and binding on the appellant. The Courts below also found that the suit building was constructed during the year 1975-76 and it was n






















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