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2019 Supreme(AP) 124

T.RAJANI
Devathi Ramachandra Rao – Appellant
Versus
Kella Dhanalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.S.R. Anjaneyalu

ORDER :

T. RAJANI, J.

1. This civil revision petition is filed assailing the order dated 31.10.2018 passed by the Court of Principal Junior Civil Judge, Tenali returning the plaint to be presented before proper forum.

2. Heard learned Counsel for the petitioner. None appeared for the respondent despite service of notice.

3. The suit is filed for eviction. The lower Court by considering that the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 came into force with effect from 28.3.2018, returned the plaint stating that there is express bar to entertain the suit in view of Section 40(1) of the said Act. Section 40(1) of the said Act reads as under:

    "40. (1) Save as otherwise provided in this Act, no civil Court shall entertain any suit or proceeding so far as it relates to the provisions of this Act."

Further Section 32 of the said Act reads as follows:

"Notwithstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the rent Court and no civil Court shall have jurisdiction, to hear and decide the applications relating to disputes between landlord and tenant and matters connected with and Rent ancillary t

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