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1995 Supreme(AP) 344

Y.V.NARAYANA
Been Dayal – Appellant
Versus
M. Sambaiah – Respondent


Y. V. NARAYANA, J.

( 1 ) C. R. P. No. 3168 of 1993: this revision petition is filed by the defendants in O. S. No. 524 of 1993 on the file of the II Additional Munsif-Magistrate, Warangal against the order dated 25-8-1993 made in LA. No. 762 of 1993.

( 2 ) THE brief facts of the case are: The plaintiff (respondent herein) filed the suit for specific performance of lease agreement dated 30-9-1988 executed by the defendants (petitioners herein ). The plaintiff made the following averments in the plaint. He is the tenant of the defendants, living in their house on a monthly rental of Rs. 500/ -. Subsequently the defendants filed R. C. C. No. 26 of 1983 before the Rent Controller, Warangal for the eviction of the plaintiff. Ultimately the matter was settled, resulting in the execution of the lease agreement dated 30-9-1988 executed by the defendants in favour of the plaintiff. Since the plaintiff suspected the bona fides of the defendants, he got issued a suit notice dated 31-6-1993. The defendants managed toavoid receiving of the same. Again the plaintiff got issued the notice on 7-7-1993 which was received by the defendants on 8-7-1993. The defendants sent a reply notice on 10-7-93. T









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