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1994 Supreme(AP) 622

K.M.AGARWAL
Jaya P. Hemarajani – Appellant
Versus
Rose Elvina DSouza – Respondent


K. M. AGARWAL, J.

( 1 ) THERE were two suits, one for specific performance of contract by The purchaser and the other for ejectment and arrears of rent by the landlady. The purchaser was the tenant and the vendor was the landlady. The suit for specific performance of contract was dismissed, but the suit for ejectment and arrears of rent was decreed Accordingly both the appeals are by one and the same person, but in different capacities of purchaser and the tenant. Similarly the respondent in one appeal is also the respondent in the other appeal, but in different capacities of vendor and the landlady. In this state of affairs and for the sake of convenience, the appellant in both the appeals shall hereafter be also described as the "purchaser-tenant" or as the tenant-purchaser"; and the respondent in the two appeals shall be described as the "vendor-landlady" or as the "landlady-vendor".

( 2 ) THE suit property is a double storeyed house. It was and is owned by the respondent in both the appeals. The first floor of the house was given on rent to the appellant in the two appeals for the purpose of residence on a monthly rent of Rs. 670. 00 with effect from 1-12-1978. The tenancy was
















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