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2013 Supreme(AP) 1068

T.SUNIL CHOWDARY
B. Pullaiah – Appellant
Versus
J. Mala Pullamma – Respondent


Advocates Appeared:
For the Appellant:P. Kamalakar, Advocate.
For the Respondents:Murali Lincoln, Advocate.

Judgment :

This second appeal is preferred by the defendant challenging the decree and judgment dated 20.12.2004 in A.S.No.109 of 2002 on the file of I Additional District Judge Court, Kurnool, confirming in appeal the decree and judgment dated 28.11.2002 in O.S.No.105 of 2000 on the file of Principal Junior Civil Judge Court, Kurnool. The parties are hereinafter referred to as they arrayed in the suit. During the pendency of the suit, original plaintiff died and plaintiffs 2 to 5 came on record as her legal representatives.

2. The case of the plaintiffs is that first plaintiff purchased plaint schedule property from father of the defendant on 03.7.1978 under a registered sale deed. She erected a hut in one portion of the site and divided the remaining site into three portions. She let out two portions, marked as ‘B’ schedule property, to the defendant and his father on oral lease at monthly rent of Rs.100/-. The defendant paid rent for some time and thereafter committed default in payment of rent. The first plaintiff demanded defendant to pay the rent or to vacate ‘B’ schedule property. The defendant did not heed to the demand. Then first plaintiff filed R.C.C. No.8 of 1994 before t













































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