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1986 Supreme(AP) 204

K.RAMASWAMY
Y. Krishna Murthy – Appellant
Versus
A. Subba Rao – Respondent


K. RAMA SWAMY, J.

( 1 ) JUDGEMENT :- The unsuccessful defendants are the appellants. The respondent laid action for ejectment of the appellants from the suit premises of 475 Sq. yards situate in Kothapeta area of Guntur Municipal town and for recovery of arrears of rent and future profits. One D. Raghuram was the original owner of the property and the respondent had purchased the demised premises under Ex. A-1 sale deed dt. 4-8-1977, thereby the respondent became the owner of the property. Subsequently a notice Ex. A-4 dt. 26-9-1977 determining the tenancy of the appellants was issued to the appellants to quit the suit premises. It is not in dispute that the Second appellant received the notice and the first appellant evaded receipt of the notice. Since the appellants did not deliver possession, the respondent initiated the action. The defence set up by the appellants is that Ex. A-4 notice is not valid in law in terms of S. 106 of the Transfer of Property Act (for short the Act ) and therefore, the suit is liable to be dismissed.

( 2 ) THE plea of the appellants found favour with the trial Court, which resulted in the dismissal of the suit. On appeal, the appellate Court reversed







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