Andhra Pradesh High Court
Judges : B.S.RAIKOTE
K.P.Janakiram - Appellant
Versus
K.Suguna Bai - Respondent
C.R.P.No.4372/93
Decided On : 03-22-95
Advocates Appeared :
M/s. B. Nalini Kumar, Miss. P.A. Kamaleswari, Mr. P. Venugopal
HELD: In the instant case, absolutely there is no iota of evidence to show that at any point of time either under the original owner Smt. P. Annapurnamma or under the present landlord, any rent was paid to the owners of the demised premises either by the present petitioner-tenant or by his father. No rent receipts or lease deed are produced to show that the petitioner was the tenant as stated above, nor there is any clinching material to this effect, right from the year 1956, for nearly 39 years. Even otherwise, P.W.1 simply stated that the petitioner-tenant s father was tenant under Smt. Annapurnamma and after the purchase, the petitioner is the tenant under the respondent-landlord, which was denied by the petitioner-tenant.
It is an admitted case that right from the year 1956, earlier the tenant s father was in possession and after his death, the petitioner-tenant was in possession. It cannot be believed that for nearly 39 years, the petitioner-tenant and his father were the tenants in the premises in question without paying any rent. Therefore, prima facie, is not established that the petitioner has been the tenant over the demised premises and as such he cannot be said to be a tenant denying the title of the landlord terms of the proviso to Sec.10(1) of the Rent Control Act. Assuming for the sake of argument that he is a tenant, it would be a case of bona fide denial of title of the landlord, by tenant under the Section.
It is clear that the title of the respondent-landlord has been questioned in the year 1972, itself. Instead of filing the suit for declaration of title, she has filed the present eviction petition u/s.10 of the Rent Control Act. As observed by me above at least, it would be a case of tenant denying the title of the landlord bona fide in terms of proviso to Sec.10(1) of the Rent Control Act. In that event also, it is the duty of the authorities under the Rent Control Act, to direct the landlord to approach the Civil Court. It is clear that the present proceedings u/s.10(1) of the Rent Control Act are, prima facie, without jurisdiction.
( 1 ) THE petitioner, who is alleged to be the tenant of the premises in question, has filed this revision petition. The respondent herein is the landlord. The parties hereinafter will be referred to as tenant and landlord respectively.
( 2 ) THE landlord filed a petition under Section 10 (2) (i) of Andhra Pradesh buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter referred to as the Rent Control Act against the tenant on the sole ground of wilful default in payment of rents, in the Court of Principal Rent Controller, Secunderabad. The learned Rent Controller allowed the said petition by order dated 3-10-1989. Being aggrieved by the same, the present petitioner-tenant filed an appeal in r. A. No. 573 of 1989 in the Court of the Chief Judge, City Small Causes Court, hyderabad. The said appeal being dismissed by the appellate Court, the present revision is filed.
( 3 ) THE learned Counsel for the petitioner-tenant strenuously contended that the impugned orders of the courts below are wholly without jurisdiction. He submitted that in the instant case, there was no relationship of tenant and landlord between the petitioner and the respondent herein and in this view of the matter, it is not a matter for the authority under the Rent Control Act He, therefore, submitted that the impugned orders are liable to be set aside.
( 4 ) ON the other hand, the learned Counsel for the respondent-landlord submitted that the petitioner was the tenant under one Smt. P. Annapurnamma and her sons and after the sale of the property in favour of the respondent herein smt. K. Suguna Bai by registered sale deed dated 31-10-69, the petitioner herein is the tenant under her and he wilfully defaulted in paying the rents and, therefore, both the courts below have rightly ordered eviction of the tenant and there is no illegality or irregularity in the impugned orders. Thus, with these and among other grounds, he supported the orders of the Courts below.
( 5 ) IN order to appreciate the rival contentions, I think it appropriate to state the brief facts of the case.
( 6 ) THE respondent-landlord filed an eviction petition on the ground of wilful default in payment of rents. She contended that the original owners of the property in question were Smt. P. Annapurnamma and her sons and vide the certified copy of the sale deed, Ex. P-1, dated 31-10-1969, the property in question was conveyed to her and from 31-10-1969, she has been the landlord of the premises in question and she was entitled to rent. In those circumstances, she issued a registered notice, Ex. P-10, dated 17-11-1984, for which the tenant issued a reply under Ex. P-11, dated 5-12-1984 denying that he was a tenant under the respondent-landlord and therefore, he is not liable to pay the rent to her from 31-10-1969. The landlord further stated mat the original owners attorned the tenancy in her favour and in spite of that, the petitioner-tenant did not pay the rent. Therefore, he is a wilful defaulter u/s 10 (2) (i) of the Act.
( 7 ) THE petitioner-tenant filed a detailed counter denying the jural relationship of tenantand landlord between him and the respondent herein. He denied all the allegations made in the eviction petition and submitted that he was the absolute owner of the premises in question and, therefore, the question of paying rent to the respondent landlord did not arise. He further submitted that his father Sri T. V. Pandurangam, after his retirement from the Railway department, wanted to purchase the property in question and, therefore, he entered into an agreement of sale, dated 11-5-1956 with the vendors of the present respondent-landlord by name Smt. P. Annapurnamma and her sons. According to him, agreement of sale was executed by Smt. Annapurnamma and her sons in favour of his father for a consideration of Rs. 5,000/- out of which a sum of Rs. 3,000/- was paid to Smt. Annapurnamma and her sonson 11-5-1956 vide Ex. R2 and the balance sale considerati
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