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2012 Supreme(AP) 154

C.V.NAGARJUNA REDDY
Mohamadiya & Company, A partnership firm represented by Gulam Mohammd Khan – Appellant
Versus
C. Uma – Respondent


Advocates appeared:
For the Petitioner:K.K. Waghray, Advocate.
For the Respondents:D. Madhava Rao, Advocate.

Judgment :

An interesting, nay, an important question arises for adjudication of this court. The question is whether with the fixation of fair rent for the demised premises in excess of Rs.3500/- per month, the jurisdiction of the Rent Controller is ousted and consequently the order of eviction passed by him, as confirmed in appeal, is without jurisdiction?

2. The brief facts leading to the case are recounted hereunder:

The petitioners are the tenants of premises bearing No.3-6-564/7, situated at Himayathnagar, Hyderabad (hereinafter referred to as “the demised premises”). The demised premises belongs to respondent No.1 (hereinafter referred to as “the landlady”). The tenancy was oral and the agreed rent for the demised premises was Rs.1100/- per month. The landlady filed two petitions before the learned II Additional Rent Controller, Hyderabad (hereinafter referred to as “the Rent Controller”). She filed R.C.No.468/2006 for fixation of fair rent and R.C.No.470/2006 for eviction of the petitioners on the plea that the demised premises was needed for the bonafide requirement of her husband who is a Doctor for running a clinic. The petitioners contested both the petitions. By separat
























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