SEETHARAM REDDY, J.

( 1 ) THE proposition posed by the Division Bench comprising A. V. Krishna Rao, and Mahusudan Rao, JJ. In this reference is,"is the authority in G. Eswaraiah v. Mahendrappa Khani 1969 (2) APLJ 66 shaken and is no longer good law by reason of the decision in Muralidhar v. State of U. P. AIR 1974 SC 1924 as held by the Division Bench of this Court in Srikanth Neemkar V. G. Yelloji Rao 1977 (1) APLJ 80?"

( 2 ) IN order to appreciate the rival contentions, a brief re sume of the facts is necessary. The sole defendant in O. S. No. 88 of 1971 is the Appellant. The suit was filed for recovery of vacant possession by ejecting the defendant from the plaint schedule premises situated at Kattalmandi, Hyderabad, and also for damages for use and occupation of the said premises at the rate of Rs. 1,000. 00 per month. The plaintiff purchased the suit property in the year 1961. The defendant executed an agreement of lease on 1-6-1961. Admittedly , the house property was built before 26/08/1957 and is, therefore, not exempt from the provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter referred to as the Act. It is also not disputed

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