Judgement

RAY, C. J.:- This is an appeal by special leave from the judgment D/- 5-9-1972* of the Andhra Pradesh High Court dismissing the appellant s suit against the respondent for possession of the building in occupation of the respondent.

* Reported in (1973) 1 Andh Pra LJ 103.

2. The appellant is the owner of the building in question. The building was constructed sometime in 1958. The appellant on 1 November, 1958 let out the building to the respondent on a lease for three years. The lease was on monthly basis. The lease expired on 31 October, 1961.

3. The appellant filed an application before the Rent Controller Chandragiri for eviction of the respondent from the building. The application was under section 10(2)(i) read with Section 3(1)(a) of the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960 hereinafter referred to as the Act. On 30 September, 1963, the Rent Controller dismissed the application for eviction.

4. On 7 October, 1963 the appellant gave a notice to the respondent determining the lease and asked for possession. The appellant stated in the notice that the building was constructed after 26 August, 1957 and therefore, the Act did not apply to the bu