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1981 Supreme(AP) 280

P.A.CHOUDHARY
Potluri Subbareddi, P. Seshagirirao – Appellant
Versus
Kalabai Rathi – Respondent


P. A. CHOUDHARY, J.

( 1 ) THIS second appeal was filed by the first defendant and the legal representatives of the second defendant. The first defendant was sued in the trade name of M/s. Polutri Subba Reddy, P. Seshagiri Rao and Company being represented by partner Polutri Subha Reddy. The second defendant was sued in his individual name. the suit was for ejectment, for mesne profits and for damages for use and occupation.

( 2 ) THE second defendant had taken the suit premises belonging to the plaintiff on lease for a fixed period of one year ending with the Diwali day. the plaintiffs complaint was that after the expiry of that period of one year the defendants were continuing in occupation of the premises paying rents to the landlord without vacating the suit premises. The plaintiff, therefore, issued quit notice on 4-2-1974 terminating the tenancy by the last day of February, 1974 and filed the present suit for ejectment, for mesne profits and for damages.

( 3 ) THE suit was resisted by the defendants on multiple grounds. the second defendant filed a written statement. The second defendant contended that the suit premises was governed by the provisions of the Rent Control Act and










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