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1980 Supreme(AP) 285

PUNNAIAH
NAGANATH – Appellant
Versus
ABDUL WAHED – Respondent


PUNNAYYA, J.

( 1 ) THE landlord filed eviction petition R. C. 11/69 in the court of the District Munsif, Nizamabad on the grounds of (1) wilful default; (2) reconstruction and repairs; (3) subletting, and (4) personal requirement. The petitioner did not press the first two grounds before the Rent Controller, but sought eviction on the basis of the remaning two grounds viz. , subletting and personal requirement.

( 2 ) FOR convenience sake, the parties will be referred to as arrayed in the above said R. C. The petitioner and the 2nd respondent are brothers. The 1st respondent is the tenant of both the petitioner and the 2nd respondent in respect of the premises bearing No. 7-10-983 to 7-10-985, Station road, Nizamabad. It consists of three separate mulgies, out of which one mulgi belongs to the petitioner towards his 1/3rd share, while the other two rooms belong to the 2nd respondent towards his 2/3rd sbare in the premises. About 12 years back both the petitioner and his brother the 2nd respondent leased out their respective portions of the premises to the first respondent on a monthly rental of Rs. 93-35 ps. and Rs 186-65ps. respectively. The 1st respondent has been running a hotel c











































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