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B. KRISHNA MOHAN
Korumilli Venkata Srinivasa Rao – Appellant
Versus
Gattu Muralidhar Rao – Respondent
ORDER :
This second appeal arises against the judgment and decree in A.S.No.90 of 2014 on the file of Special Judge for Trial of Cases under SCs & STs (POA) Act-cum-X Additional District & Sessions Judge, East Godavari at Rajahmundry dated 24.01.2018 confirming the judgment and decree in part in O.S.No.752 of 2007 on the file of I Additional Senior Civil Judge, Rajahmundry dated 07.10.2014.
2. Heard the learned counsel for the appellant and the learned counsel for the respondent No.1.
3. The appellant herein is the appellant before the lower appellate court and the defendant No.1 in the suit before the trial court. The respondent No.1 herein is the respondent No.1 in the appeal before the lower appellate court and the plaintiff in the suit before the trial court. The respondent No.2 herein is the respondent No.2 before the lower appellate court and the defendant No.2 before the trial court.
4. The respondent No.1 initiated action in O.S.No.752 of 2007 on the file of I Additional Senior Civil Judge, Rajahmundry seeking eviction of the appellant and the respondent No.2 from the suit schedule property and delivery of possession with the payment of damages, arrears of monthly rents and cos
The jurisdiction of civil courts is ousted by the Rent Control Act provisions, making eviction suits based on oral agreements unenforceable and void.
Res Judicata – Rule of res judicata does not strike at root of jurisdiction of Court trying subsequent suit – It is a rule of estoppel by judgment based on public policy.
The amended Section 32(c) of the Rent Control Act restricts civil court jurisdiction over eviction suits for tenants paying rent below specified thresholds.
Landlords can evict tenants who cease occupancy without reasonable cause for over six months under the Kerala Buildings (Lease and Rent Control) Act.
Point of Law - Appellate Authority held that the finding of the Rent Control Court that the rent agreed by the landlord and tenant is by mutual consent cannot be sustained
Point of Law : Law is well settled that in absence of any evidence regarding payment of rents or that procedure as laid down under Section 8 of the A.P. Buildings (Lease, Rent & Eviction) Control Act....
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