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1967 Supreme(AP) 136

O.CHHINNAPPA REDDY
Dhulipalli Subbarao – Appellant
Versus
Siddappa Dharmakunta, Muppuram – Respondent


O. CHINNAPPA REDDY, J.

( 1 ) THIS is a revision under Section 25 of the Provincial Small Cause Courts Act. The defendant is the petitioner. The plaintiff-respondent is the Siddappa Dharmakunta, Muppavaram represented by its trustees. By a registered deed dated 4-8-1958 an extent of Ac. 3-14 cents of land was leased to the petitioner for a period of five years, the maktha stipulated being Rs. 340. 00 per annum. Though the term of the lease was five years the tenancy continued by virtue of Section 10 (2) of the Andhra Tenancy Act, read with Act II of 1963 was, The maktha for the year 1962-1963 was, under the terms of the lease payable on 1-7-1962. But it was not so paid. On 17-4-1963 the respondent issued a notice to the petitioner calling upon him to pay the arrears of maktha. The maktha was paid on 27-4-1963. Thereafter the respondent filed an application under Section 13 (a) of the Andhra Tenancy Act for terminating the tenancy and eviction of the petitioner. The application was contested by the petitioner and it underwent number of adjournments. On 2-4-1964 the petitioner surrendered possession to the respondent. The respondents application for eviction was also ordered on 24-5-19





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