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2022 Supreme(AP) 750

SUBBA REDDY SATTI
Kethireddy Gopala Redd – Appellant
Versus
Paluru Siva Prasad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/S BHARADWAJ ASSOCIATES
For the Respondent: SARIPALLI SUBRAHMANYAM

JUDGMENT :

Defendant in suit filed the above second appeal, aggrieved by the judgment and decree dated 30.06.2022 in A.S.No.87 of 2017 on the file of Principal District Judge, Vizianagaram, confirming the judgment and decree dated 23.10.2017 in O.S.No.81 of 2010 on the file of Senior Civil Judge, Vizianagaram.

2. Parties to this judgment are referred to as they are arrayed in the plaint.

3. Plaintiff filed suit O.S.No.81 of 2010 seeking ejectment of 1st defendant from the plaint schedule property; to deliver vacant possession to the plaintiff and defendants 2 to 5; to direct the 1st defendant to pay arrears of Rs.82,128/-from December, 2008 to December, 2009 with subsequent interest and also direct the 1st defendant to pay future damages @ Rs.15,000/-per month from the date of suit till the date of vacating the property.

4. In the plaint, it was contended interalia that plaintiff and defendants 2 to 5 are the family members and the schedule property is their property; that 1st defendant approached the plaintiff, defendants 2, 3 and husband of 4th defendant; that in 4th May, 1994, plaintiff, defendants 2, 3 and husband of defendant accepted to lease out the schedule property to 1st defe

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