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1989 Supreme(AP) 29

A.LAKSHMANA RAO
Shqik Abdul Hakim Sahib – Appellant
Versus
P. V. Krishnabhagawan Shetty – Respondent


LAKSHMANA RAO, J.

( 1 ) THIS Second Appeal arises out of O. S. No. 150 of 1977 on the file of the Principal District Munsif, Punganur. That suit was filed by the respondent herein for ejectment of the appellant herein from the plaint schedule premises and for recovery of arrears of rent. Oral and documentary evidence was adduced on behalf of both the parties. On the basis of the evidence the suit was decreed. On appeal preferred by the appellant herein in the court of the Additional District Judge, Madanapalle, the learned District Judge reappraised the evidence and came to the same conclusion that the appellant herein was liable to be evicted from the suit schedule premises. Aggrieved by that judgment this Second Appeal was preferred.

( 2 ) IT is submitted by the learned counsel for the appellant: (1) thesuit Lled for ejectment was not maintainable in view of the striking down of clause (b) of Section 32 of the Andhra Pradesh Buildings, (Lease Rent and (Eviction) Control Act, 1960, (hereinafter referred to as the Rent Control act ) and (2) the notice issued under Section 106 of the Transfer of Property act was not in accordance with the provisions of that section and therefore the









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