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1987 Supreme(AP) 587

I.P.RAO, K.JAYACHANDRA REDDY
G. MANIKYAMMA – Appellant
Versus
T. SEETHARAMAIAH – Respondent


JAYACHANDRA REDDY, J.

( 1 ) ON the question of applicability of the provisions of the Civil procedure Code to the proceedings under the Andhm Pradesh Buildings (Lease, Rent and Eviction Control) Act, (hereinafter referred to as the rent Control Act ), Raghuvir, J. noticed that there are conflicting decisions, and therefore he hasrefsrred this civil revision petition to a Division Bench.

( 2 ) THE facts that give rise to the question may briefly be stated. The petitioner, Gunda Manikyamma, hereinafter referred to as "the landlady", filled R. C. C. 1 of 1979 for eviction of the tenant, viz. , the 1st respondent, on the ground of wilful default and on other grounds. Pending R. C. C. No. 1 of 1979, the 2nd respondent herein, who is no other than the brother of the petitioner, filed I. A. No. 653 of 1979 under Order 1 rule 10 (2) and under Section 151 CPC for impleading him as 2nd respondent in the R. C. C. He claimed that his sister, who claims to be the owner of the property, is basing her title on an alleged will said to have been executed by her father, but that will is a forged one and fabricated by the petitioner. He also made certain other allegations which may not be necessary f








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