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1970 Supreme(AP) 238

O.CHHINNAPPA REDDY
Bhagvatula Pullayya – Appellant
Versus
M. Anandam Chetti – Respondent


O. CHINNAPPA REDDY, J.

( 1 ) THE respondent is the landlord of premises bearing door No. 327 in Gandhi Road, Tirupathi. He filed a petition for eviction of his tenant, the petitioner herein. under the provisions of Sections 10 92) (I), 10 (2) (ii), 10 (3) (a) and 10 (3) (b) of Andhra Pradesh Act 15 of 1960. He claimed to be put in possession on the several grounds mentioned in those provisions. Every one of the grounds raised by the landlord was contested by the tenant, who, in addition, claimed that the petition for eviction was liable to be dismissed as no maintenance as he had not been given any notice able as he had not been given any notice to quit in accordance with the provisions of Section 106 of the Transfer of Property Act before filing of the petitioner for eviction. The Rent Controller held every one of the grounds on which the petition for eviction was based in favour of the landlord but nonetheless dismissed the petition as not maintainable on the ground that there was no prior notice to quit. The Rent Controller did not , however, award any costs but stated no reasons for not awarding costs. The landlord preferred an appeal to the appellate authority. Following a judg











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