R BABU DIED Vs. P JAI RAJ

JUDGEMENT

(1.) The appellant is the plaintiff in OS 93/81. He has preferred the appeal being aggrieved by the judgment and decree passed by the learned sub-Judge, Asifabad, in AS 8/85 dated 30-10-1987. The appellate Court set aside the judgment and decree passed by the District Munsif, Sirpur in OS 93/81 dated 18-2-1985, and dismissed the plaintiffs suit in its entirety.

(2.) Learned Counsel for the appellant contended that the appellate Court is in an error in dismissing the plaintiffs suit on the basis of the notification issued by the Government of Andhra Pradesh in G.O. Ms. No.412, dated 21-5-1983, in view of the fact that the said notification would not apply to the suit filed in the year 1981. The said notification also did not alter the jurisdiction of the existing Court. Therefore, the suit tiled prior to the said notification has got to be disposed of as per the law as on the date of filing of the suit and on the date of the filing of the suit in the year 1981, the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 was not applicable to Kagaznagar area, where the premises is situated. Therefore, the appellate Court misdirected itself in dismissing the plaintiffs suit relying upon the said notification.

(3.) Learned Counsel appearing for the respondents ostensibly supported the judgment and decree of the appellate Court.