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1979 Supreme(AP) 87

A.RAGHUVIR
G. Rajalakshmi – Appellant
Versus
Appellate Authority (Chief Judge, City Civil Court, Hyderabad) – Respondent


A. RAGHUVIR, J.

( 1 ) IN this writ petition a question of general and of unusual importance is raised. The question may formulated as under. "can a deficiency is of a natural justice before a trial tribunal be cured by sufficiency of natural justice before an appellate tribunal"? The facts relating to that issue are as under-

( 2 ) THE premises known "t. R. Stall" in the civil aerodrome at Begumpet is owned by Aviation department of the Central Government. T. R. Stall was leased out to M/s. Jyoti Book stall on a rent of Rs. 1,107. 00 per mensem. The lease expired on September 1977. The tenant did not vacate the premises. The estate officer, the second respondent served on the tenant a notice on 30/11/1977 under Section 4 of the public premises (Eviction of Unauthorised Occupants) Act 40 of 1971 and in that it was recited the tenant after the expiry of the lease continued to remain in the premises as unauthorised occupant and was asked to show cause why he should not be evicted under Act 40 of 1977. G. Lakshmipathi, the proprietor of Jyothi Book stall submitted objections in his representation on 11/12/1977. The Estates officer by the order dated 15/12/1977 direct the Jyoti Book stall













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