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2014 Supreme(AP) 790

HIGH COURT OF ANDHRA PRADESH
M. SEETHARAMA MURTI, J.
Syed Moin Pasha
Versus
Madhavi Ramesh
Civil Revision Petition No. 3931 of 2012
Decided on: 24-07-2014

Advocates:
Advocate Appeared
For the Petitioner:P. Venugopal, Advocate.
For the Respondent: None appeared.

Headnote:A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960-Section 22-Tenancy-In event of tenancy having been created in respect of a building standing on the land, it is building and land which are both components of subject matter of demise and destruction of building alone does not determine tenancy when land which was site of the building continues to exist; more so when building has been destroyed or demolished neither by the landlord nor by an act of nature but solely by the act of the tenant or the person claiming under him-Petitioner had established that jural relationship subsists and that he had further made out valid and sufficient grounds for according permission as prayed for and orders of Court below which were passed without proper appreciation of facts, oral evidence and legal position obtaining, are unsustainable under facts and in law.

       Result-Civil Revision Petition allowed.

       Tenancy-In event of tenancy having been created in respect of a building standing on the land, it is building and land which are both components of subject matter of demise.

Judgment

1. The unsuccessful petitioner/tenant preferred this Civil Revision Petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (‘the Act’ for short) assailing the orders dated 05/06/2012 of the learned Additional Chief Judge, City Small Causes Court, Hyderabad made in RA.No.121 of 2011 whereby the learned Additional Chief Judge while dismissing the appeal had confirmed the orders dated 16/03/2011 of the learned III Additional Rent Controller, Hyderabad made in RC.No.336 of 2008 filed by the petitioner/tenant under Section 8(5) of the Act requesting the Court to permit the petitioner/tenant to deposit the monthly rents of Rs.2,000/- for the period from February 2008 to September 2008 @ Rs.250/- per month and continue to deposit the future monthly rents from October 2008 onwards to the credit of the petition.

2. The case of the petitioner/tenant is this: -

“Since 1974, the tenant/petitioner (‘the petitioner’ for short) is in peaceful possession and enjoyment of the mulgi bearing No.10-1-128/15 at Masab Tank, Hyderabad more fully described in the schedule annexed to the petition. He had taken the said mulgi from the respondent/landlady (‘the respondent’ for short) on lease on an initial monthly rent of Rs.150/-. The present monthly rent payable by the petitioner to the respondent is Rs.250/-. While so, in the month of March 2008, the Greater Hyderabad Municipal Corporation (GHMC) had widened the roads in the Masab Tank area, where the petition schedule property is situate. At that time the GHMC had marked 13 feet length for demolition out of 27 feet length of the petition schedule mulgi. In fact the petitioner himself wanted to demolish the marked area of 13 feet with a view to safeguard the rest of the property and so as to continue his business smoothly. However, the respondent neither came forward to demolish the affected area nor allowed the petitioner to do the same. The GHMC in collusion with the respondent had demolished the mulgi to a larger extent, which is more than the required 13 feet. Therefore, the petitioner had filed a writ petition before this Court to prevent the GHMC from dispossessing him from the schedule mulgi. Taking advantage of the demolition, the respondent is trying to create problems for the continuation of the business in ‘Embroidery’ being carried on by the petitioner in the place left over after demolition by the GHMC. The petitioner is regularly paying monthly rents after demolition of a part of the mulgi. The petitioner had sent the rent for the months of February 2008 to July 2008 to the respondent by a money order, but the respondent/landlady had refused to receive the said rents and the money order was returned with the endorsement ‘property demolished by the GHMC’. Then the petitioner had got issued legal notice dated 14/07/2008 through his counsel calling upon the respondent to notify her bank account for the purpose of depositing the monthly rents regularly into the said account. Though the notice was served on the respondent/landlady on 17/07/2008 she did not either issue a reply or furnish the details of her bank account. Hence the petition is filed for permission to deposit the arrears of rents and future rents into the Court.”

3. The averments in the counter of the respondent, in brief, are as follows:

“This respondent has not taken any steps to demolish the portion of the property. The averments in the petition that this respondent had colluded with the authorities of the GHMC and that the GHMC had demolished more than the affected area are false. The petitioner along with the some others had filed a writ petition seeking direction to the GHMC not to demolish the suit schedule mulgi for road widening purpose, but, the same was dismissed holding that the structures have already been demolished by the GHMC. After demolition of the mulgi, the petitioner had illegally trespassed into the schedule property by constructing support walls and fixing as


























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