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GOPAL RAO EKBOTE
Nuli Kanaka Rao – Appellant
Versus
T. Sriranga Venkata Ramalinga Reddy – Respondent


JUDGMENT :

1. This second appeal arises out of a suit filed by the plaintiffs appellants for accounts of the amount due to them after deducting the expenses in terms of the lease deed dated 22-10-1958. It arises in the following circumstances:

2. The plaintiffs who are the co-owners of a Rice Mill named Sri Gopalakrishna Rice Mill along with certain others gave the Mill on lease under a registered lease deed dated 22-10-1958 to the defendant for a certain period ending by September, 1960, It was agreed at the time when the lease deed was executed that an expenditure of Rs. 1,200 should be borne by the owners, as that amount was to be spent on carrying out certain repairs for the piston rod of the Mill. The defendant was therefore permitted to expend that amount and get the repairs done. It was alleged that the defendant over and above the permitted repairs claims to have carried on certain other repairs and incurred an expenditure of Rs. 4,888 and that this amount the defendant cannot claim because no permission in accordance with the lease deed was taken from the plaintiffs. Denying this claim of the defendant, it was contended that the suit for account be decreed.

3. The defendan

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