( 1 ) THE present second appeal has been filed assailing the judgment and decree in A. S. No. 113/86 dated 2-2-1993 on the file of the First Additional District judge, Machilipatnam, setting aside the decree and Judgment in O. S. No. 50/79, dated 29-9-1986 on the file of the First Additional District Munsif, machilipatnam, dismissing the suit with costs. For the sake of convenience the parties herein are referred to as they are arrayed in the suit.

( 2 ) THE Plaintiff filed suitfor declaration that the notice No. B. A. 425/75dated 1-2-1979 issued by the first defendant as illegal and unenforceable and also for declaration that the G. O. Rt. No. 42, MA. dated 10-1-1979, as illegal and not binding on the plaintiff and for consequential permanent injunction restraining the first defendant from implementing the notice dated 1-2-1979.

( 3 ) THE averments of the plaint, in nut-shell are, that the plaintiff is the owner of the house bearing No. 17/392, Buttaipet, Machilipatnam, having purchased the same under a registered sale-deed, dated 27-10-1975. As the house was in dilapidated condition she intended to make necessary construction for proper enjoyment of the house. A