SHANKERLAL GUPTA Vs. V JAGADISHWAR RAO

JUDGEMENT

(1.) The proposition posed by the Division Bench comprising A. V. Krishna Rao, and Mahusudan Rao, JJ. In this reference is,

(2.) In order to appreciate the rival contentions, a brief re sume of the facts is necessary. The sole defendant in O. S. No. 88 of 1971 is the Appellant. The suit was filed for recovery of vacant possession by ejecting the defendant from the plaint schedule premises situated at Kattalmandi, Hyderabad, and also for damages for use and occupation of the said premises at the rate of Rs. 1,000.00 per month. The plaintiff purchased the suit property in the year 1961. The defendant executed an agreement of lease on 1-6-1961. Admittedly , the house property was built before 26/08/1957 and is, therefore, not exempt from the provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter referred to as the Act. It is also not disputed that the notice of vacancy as required by section 3 (1) of vacancy as required by section 3 (1) of vacancy as required by Section 3 (1) (a) of the Act has not been issued by the landlord and the letting to the tenant is in contravention of section 3 (5) of the Act.

(3.) One of the issues framed was,