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2000 Supreme(Ori) 181

P.K.MISRA
ANDHRA PRADESH HANDLOOM WEAVERS CO-OPRATIVE SOCIETY LTD. – Appellant
Versus
K. VENKATESWAR RAO – Respondent


Advocates Appeared:
A.S.Naidu, B.K.MOHANTY, D.K.SAHU, D.MAHAPATRA, K.K.MISHRA, P.K.MOHAPATRA, P.PANDEY, S.A.ALI, S.S.RAO

P. K. MISRA, J.

( 1 ) DEFENDANT is the appellant against an affirming decision.

( 2 ) PLAINTIFF-RESPONDENTS had filed a suit for eviction of the defendant from the disputed shop room and for realisation of arrear house rent and damages. There is no dispute that the disputed shop room belongs to the plaintiffs which had been let out to the defendants - a Cooperative Society. An unregistered lease deed was executed stipulating that lease was granted for a period of five years from 1-3-1984 to 28-2-1989 and the monthly rent had been fixed at Rs. 900/ -. Notice was issued to the defendant to vacate the shop room by end of Sept. 1989. Thereafter the suit was filed for eviction and realisation of Rs. 7,200/- towards arrear rent.

( 3 ) THE defendant in its written statement challenged the maintainability of the suit on the ground that notice under Section 106 of the Transfer of Property Act was invalid and defective. It was further indicated that the defendant had not been properly represented through its Managing Director as required under the bye-laws. It was also pleaded that without notice under Section 126 of the Andhra Pradesh Co-operative Societies Act, the suit was not maintaina






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