The rent of a building for the purpose of the Rent Act includes the charges paid by the tenant to the landlord for furniture and fittings.

UPENDRALAL WAGHRAY, J.

( 1 ) THIS is a revision application under Section 115 C. P. C. by the defendant in the suit seeking to revise the order of the trial court, dated 26th october, 1984 over-ruling his preliminary objection that the Court had no jurisdiction to entertain the suit.

( 2 ) THE revision application was presented in this court on 6th february, 1985 and the plaintiff had also filed a caveat. After undergoing adjournments it was admitted only on 3rd July, 1985. The application of the petitioner (C. M. P. No. 1775/1985 for the stay of all further proceedings ia the suit came up for hearing. It was opposed by the plaintiff. As there was no interim order of stay the revision itself was heard at this stage.

( 3 ) THE petitioner is a tenant of the respondent of a house property in hyderabad. The respondent filed O. S. No. 173/82 on the file of the v Additional Judge, City Civil Court, Hyderabad, for eviction of the petitioner stating that the building was constructed in 1960, and in view of section 32 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) control Act, 1960 (hereinafter called the Rent Act) the said Act did not apply to it. The plaintiff s case is that the defendant was paying a sum of rs. 1000/- towards rent for the building and a sum of Rs. 800/- for fixtures, furniture and amenities since April, 1978. According to her, the tenancy was determined by the issue of a notice under Section 106 of the Transfer of property Act by the end of the month of January, 1982. As the defendant failed to deliver possession, she has claimed Rs. 3000/- per month as damages from that date. The suit itself was filed on 4th February, 1982.

( 4 ) THE defendant in his written statement filed on 16th September, 1983 raised the following principal grounds : (a) the building was constructed prior to 1957 and hence the rent Act applies to it and the exemption is not available under Section 32 (b) of the Act; (b) the defendant has taken possession of the building in part performance of an agreement and, therefore, in view of Section 52-A of the transfer of Property Act, he is not liable to be evicted; and (c) the Civil court had no jurisdiction to entertain the suit for a pre-1957 building.

( 5 ) THE trial court had framed various issues and the matter is pending trial

( 6 ) THE Supreme Court by its judgment reported in Motor General traders vs State of A. P. struck down the provisions of Section 32 (b) of the rent Act, by which buildings constructed after 1958 were exempt from the applicability of the said Act. However, shortly thereafter the Government of Andhra Pradesh in exercise of their power under Section 26 of the Rent act issued G. O. Ms. No. 636 General Administration CAccom-A), dt. 29-12-83 by which all buildings fetching rent over Rs. 1000/- were exempt from the provisions of the Act. A Bench of this court in Senior Administration accounts Officer, Atomic Minerals Divn. Dept. , Hyderabad vs B. P. S. Manian has held that the exemption by the said notification applies even to buildings existing on the date of the said notification. The defendant, however, raised a preliminary objection at the hearing before the trial court that the Civil court has no jurisdiction to entertain this suit as the rent of the building is only Rs. 1000/- and it will not be exempt from the applicability of the provisions of the Rent Act in the light of the G. O. Tt is to be noticed that no written application or amendment to the written statement was made by the defendant. However, the trial court has considered this plea and held that the rent of the building for the purpose of the notification under Section 26 of the Rent Act, would include the rent of the building and also the charges paid by the tenant to the owner for furniture, fitting in the light of the definition of the word building in the Rent Act. Tf these are taken into account the rent will be more than Rs. 1000/- and the building will be exempt from the provisions of the Act

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