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1968 Supreme(AP) 174

GOPALRAO EKBOLE, VENKATESWARA RAO
G. ESHWARAIAH – Appellant
Versus
MOHARUDRAPPA KHENI – Respondent


GOPAL RAG EKBOTE, J.

( 1 ) THE second appeal and the two revision petitions raise common questions of law. They can therefore be disposed of by a common judgment. The second appeal arises out of O. S No, 53 of 1960. The respondent- plaintiff instituted the suit for recovery of Rs. 2, 391/- for an ears of rent from 31-8-1958 to 31-3-1960 in regard to House No. B-11-439, Risala Abdulla, hyderabad at the rare of Rs. 140/- per month. It was contended in the suit that the defendant executed a rental agreement in favour of the plaintiff on 5-6-1957 agreeing to pay a monthly rent of Rs. 140/ -. The tenant was a regular defaulter. A suit for recovery of arrears of rent was filed against him in the Court of Small Causes for the period ending 31-8-1958. The suit was de. creed. Even subsequent to that period, the tenant committed default in payment of the rents. A notice therefore was served upon him. As he failed to pay, the suit was laid for the recovery of rent. C. R. P. No. 85 of 1963 arises out of an eviction proceeding instituted by the land lord against the tenant. The Additional Rent Controller, Hyderabad by his order dated 22-9-1961 dismissed the eviction petition. In appeal, the chi




















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