S.V.MARUTHI
A. V. Prasad – Appellant
Versus
G. K. Ramaiah – Respondent
( 1 ) THE questions that arise for consideration in this Second Appeal are - (i) whether Section 110 of the Transfer of Property Act (hereinafter referred to as the Acf) applies to a tenancy holding over and (ii) whether the civil Court has jurisdiction to try the suit.
( 2 ) THE facts, in brief, are as follows:- The plaint schedule property consists of two mulgies and vacant space of 90 square yards. The suit was filed for eviction of the tenant on the ground that there was an oral tenancy between the plaintiffs and the defendant. Originally the lease was by way of written instrument executed under Ex. A-11 dated 1-11-1973 in respect of 90 square yards and the last date of the lease period was specified as 31-10-1974. Similarly another lease deed was executed under Ex. A-12 dated 1-11-1973 for the two mulgies and the last date of the lease period was specified as 30-9-1974. The appellants issued a notice terminating the tenancy with effect from 30-9-1979 and filed the suit. The trial Court dismissed the suit on 27-2-1985 on the ground that it has no jurisdiction. On appeal, the Additional Chief Judge-cum-II additional Metropolitan Sessions Judge, Hyderabad, reman
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