2006 Supreme(AP) 1586
2007 (2) ALT 457
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
V. ESWARAIAH, J.
Kareem Hussain (died) per L.Rs. - Petitioners.
Versus
Veeranki Rama Krishna Prasad (died) per L.Rs. - Respondent.
Civil Revision Petition No.4270 of 2004
Decided on 29-12-2006.
Advocate appeared.
Mr. P.R. Prasad, Advocate for the Petitioners.
Mr. B. Kamalakar Rao, Advocate for the Respondents.
Headnote:
Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 – Sections 10(2)(i) and 10(3)(a)(i) – Rental Issue – Eviction – Wilful Default – Whether title set up by landlord was established, if so, whether tenant is liable to be evicted for wilful default in payment of rents – Held, Court is of the opinion that the relationship of the landlord and tenant exists. Admittedly no rents have been paid from the date of purchase of the property under sale deed till the date of filing of the eviction petition and the payment of rents subsequent to the filing of eviction petition pursuant to the directions of the Rent Controller will not absolve the wilful default committed by the tenant and accordingly the aforesaid points are held in favour of the landlord – Court is of the opinion that, in view of the aforesaid facts and circumstances of the case, when there is a registered will executed by original owner in favour of Nancharamma and Nancharamma executed a registered sale deed in favour of the landlord for a valid consideration, it cannot be said that the title is not at all passed on to the landlord – Court is of the opinion that both the Courts below rightly• held that the relationship of the landlord and tenant exists more so when the son of the vendor of the landlord, examined as P.W.2, 219 stated that the tenant used to pay the rents I to his mother prior to the execution of the sale deed – Civil Revision Petition Dismissed
This civil revision petition is directed against the order dated 05-08-2004 passed in C.M.A.No.21 of 2000 by the Additional Senior Civil Judge (Fast Track Court), Gudivada confirming the order dated 15-09-200 passed in R.C.C.No.1 of 1999 by the Rent Controller - cum - Junior Civil Judge, Gannavaram.
2. The petitioners herein are the tenants and the respondents are the landlords in respect of the premises bearing No.11-100-1, situated at Vuyyuru, Krishna District. The first respondent herein filed eviction petition in R.C.C.No.1 of 1999 on the file of the Rent Controller-cum-Principal Junior Civil Judge, Gannavaram against the first petitioner herein seeking his eviction from the aforesaid premises on the grounds of wilful default and personal occupation under sections 10(2)(i) and 10(3)(a)(i) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short the Act). The learned Rent Controller, by order dated 15-09-2000, allowed the eviction petition on both the grounds. Aggrieved by the same, the first petitioner, Kareem Hussain, preferred an appeal in C.M.A.No.21 of 2000 and the Rent Appellate Authority, by order dated 05-08-2004, dismissed the appeal upholding both the grounds. During the pendency of the appeal, the original tenant and original landlord died and their legal representatives were brought on record.
3. For the purpose of convenience the petitioner herein are referred to as tenants and the respondents are referred to as landlords.
4. It is the case of the landlord, Veeranki Rama Krishna Prasad, that he purchased the suit schedule premises under EX.A-1 sale deed dated 07-11-1996 for a consideration of Rs 4,10,000/- from one Nancharamma and since then he became the owner of the said property. It is stated that before the suit schedule property was purchased, the respondent was one of the tenants in respect of the property covered by EX.A-1 sale deed and there were two more tenants. The landlord being a Doctor wanted to construct his own Nursing Home and, therefore, requested the tenants to vacate the said premises and the other two tenants vacated, but the first respondent herein, who was a tenant on payment of monthly rent of RS.600/- did not vacate. The other two portions were demolished after the tenants vacated the portions occupied by them. It is stated that the tenant is a statutory tenant paying the monthly rent at Rs.600/- per month and after purchase of the said property, he is entitled to receive the rents, he being the landlord, but the tenant committed willful default in payment of the rents ever since the sale in his favour till the filing of the eviction petition. It is stated that the said premises is required for his personal occupation and, therefore, the tenant is liable to be evicted. The eviction petition was filed on 19-08-1999.
5. A counter has been filed by the tenant on 30-03-2000 disputing all the averments made in the eviction petition with regard to the purchase of the said land by the landlord and the payment of rent etc. and stated that there is no relationship between the landlord and the tenant. It is stated that, in fact, he is the absolute owner of the said premises as he has purchased the said property for valuable consideration of Rs.50,000/- from the original owner K. Venkata Subbamma on 25-09-1985 and paid the entire sale consideration to her and he was demanding her to execute the sale deed, but she was postponing to perform her part of the contract and ultimately she died on 14-03-1988 without executing the sale deed. As the said Venkata Subbamma was issueless, the tenant kept quiet. In 1996 the vendor of the landlord, namely Mamidi Nancharamma and Mamidi Venkateswara Rao approached him stating that the said Nancharamma is the adopted daughter of Venkata Subbamma and demanded him to vacate the petition schedule premises. Then he showed them the agreement of sale in his favour and refused to vacate the same. Thereafter, he demanded the said Nancharamma t