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1993 Supreme(AP) 554

S.V.MARUTHI
Kantamsetti Bennayya – Appellant
Versus
Pandi Saraswathi – Respondent


S. V. MARUTHI, J.

( 1 ) THE only question that arises for consideration in the Second Appeal is whether the Civil Court has jurisdiction to evict the appellant. The facts in brief are as follows: the plaintiff respondent filed the suit for eviction of defendant-appellant from the suit b schedule property and to deliver the vacant possession of the same to her and for future damages for use and occupation at rs. 50/- per month from 1-7-1981 till the date of delivery of the property. The case of the respondent-plaintiff is that she purchased the house site measuring 705/9 Sq. Yards with a thatched house described in the plaint a schedule property from one Srikakulapu Mutyalu and his wife Srikakulapu Ammalu for valuable consideration of Rs. 13,000/- under a registered sale deed Ex. A-1 dated 9-3-1981. In the said site, there is a thatched house on the western side and eastern side portion is the vacant site. The said thatched house portion was let out to the appellant by the vendor of the plaintiff, on a monthly rent of rs. 20/ -. On 8-3-1981, the respondent obtained physical possession of vacant portion and constructive possession of thatched house which is under the tenancy of th








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