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1985 Supreme(AP) 334

M.JAGANNADHA RAO, P.A.CHOUDHARY
Kerala Transport Co. , Hyderabad – Appellant
Versus
Atul Kumar Agarwal – Respondent


JAGANNADHA RAO, J.

( 1 ) THE following questions of law arise for consideration in these two appeals : (1) Whether determination of a contracutal tenancy by notice to quit under S. 106 of the Transfer of Property Act or otherwise, or the passing of a decree for eviction by a civil Court, during the ten year period of exemption become null and void if, during the pendency of the suit in the trial Court or Court of appeal the said period expires ? (2) Whether a decree for mesne profits likewise obtained for the period when the building was not coverned by the Rent Control Law, becomes ineffective and is liable to be set aside when the period of exemption of ten years expires during the pendency of the appeal ?

( 2 ) THE following facts in C. C. C. A no. 78/81 are material. The leease in favour of the respondent in this appeal commenced on 7/10/1972, the rent being Rs. 750. 00 per month. The responent-landlord gave a notice under S. 106 of the T. P. Act on 23/12/1978, terminating the tenancy by the ned of January, 1979. The suit for possession and for past damages at the rate of Rs. 2,000. 00 per month for the months of February, March, April, 1979 was filed on 28/04/1979. According to




















































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