BANDARU GIRIBABU Vs. N V SATYANARAYANA MURTHY

JUDGEMENT

(1.) This Letters Patent Appeal is filed against the judgment of the learned single Judge of this Court in A.S. No. 1370 of 1993 dated 13-12-1999 setting aside the judgment dated 21-05-1993 of the lower court in O.S. No. 123 of 1987 on the file of the court of Subordinate Judge, Rajahmundry. The Appellants are Defendants in the suit.

(2.) The brief facts relevant for this appeal are as under

(3.) The suit was filed for recovery of plaint "A" &"B" schedule property which is a cinema hall by name Laxmi Talkies along with the land shown in "A" schedule and the machinery and fixtures contained in "B" schedule property and the same was given on lease to the 1st Defendant from 1960 and it was being extended from time to time. A lease deed was executed on 30-07-1973 under Ex.A-1 by the Plaintiff and Defendant Nos. 2, 3 and 4 and their father late Nidamarthi Surayya for a period of ten (10) years. While the lease was pending, RCC No. 26 of 1978 was filed and subsequently it was withdrawn in view of the non-application of the provisions of Section 32(B) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 and G.O. Ms. No. 636 dated 27.10.1983. While the rent control proceedings are pending, a notice under Ex.A-2 dated 09-12-1984 was given to the 1st Defendant terminating the lease and a reply was given by the 1st Defendant under Ex.A-6 dated 17-12-1984 contending that the notice is not valid as it was not given on behalf of all the owners. Again the Plaintiff along with Defendant Nos. 2 and 5 issued a notice under Ex.A-4 dated 28-01-1985 terminating the tenancy and asking the 1st Defendant to vacate the premises by 28-02-1985. The suit was filed on 08-06-1987 for recovery of possession.