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1981 Supreme(AP) 330

A.RAGHUVIR, B.P.JEEVAN REDDY
Mogilipuvvu Annapurnaiah – Appellant
Versus
Malampati Narasimha Rao – Respondent


RAGHUVIR, J.

( 1 ) M. Annapurnayya, the appellant in the case laid the suit on 10/09/1974 for a permanent injunction against M. Narasimha Rao and G. Koteswara Rao (the lessors) directing them not to interfere with his possession of a building and a vacant site appurtenant thereto. He alleged he is a tenant in the building, that it was let out to him in 1961 by the two lessors for business purposes. The period in the written lease expired in June, 1973 and the lessors extended the lease for three more years, orally up to 1976 on payment of Rs. 2,500. The lessors denied the oral extension of lease. Their case was, the lease was terminated by notice, Ex. A1 dated 17/07/1974, thereafter, the tenant surrendered possession to them. Thus, the tenant was not in possession of the suit premises, therefore, no injunction can be granted against them.

( 2 ) THE District Munsif, Narasaraopet on 17/11/1977 found the tenant did not surrender possession. The oral lease set up by the tenant up to 1976 is true. The Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act 15 of 1960 however, was found applicable to the suit premises, therefore, he directed the parties to go before the Rent Cont











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