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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
Durga Govinda Rajulu – Appellant
Versus
Perla Rajabai – Respondent
Common Judgment:
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
S.A.No.184 of 2024 is filed aggrieved against the Judgment and decree dated 09-8-2013 in A.S.No.144 of 2019 on the file of the Judge, Family Court cum III Additional District and Sessions Court, Srikakulam, Srikakulam District, confirming the Judgment and decree dated 16-9-2019 in O.S.No.57 of 2012 on the file of the Additional Senior Civil Judge, Srikakulam; whereas, S.A.No.265 of 2024 is filed aggrieved against the Judgment and decree dated 09-8-2013 in A.S.No.6 of 2020 on the file of the Judge, Family Court cum III Additional District and Sessions Court, Srikakulam, Srikakulam District, confirming the Judgment and decree dated 16-9-2019 in O.S.No.312 of 2013 on the file of the Additional Senior Civil Judge, Srikakulam.
2. The appellant in S.A.No.184 of 2024 is the 2nd defendant, the 1st respondent is plaintiff and the 2nd respondent is 1st defendant in O.S.No.57 of 2012 on the file of the Additional Senior Civil Judge, Srikakulam; whereas, the appellant in S.A.No.265 of 2024 is defendant and the respondent is plaintiff in O.S.No.312 of 2013 on the file of the Additional Senior Civil Judge, Srikakulam.
3. The plaintiff initiated
The court affirmed that a lease is terminated by efflux of time and issuance of quit notices, leading to unauthorized possession by the tenant, with no substantial question of law for appeal.
A second appeal under Section 100 of the Civil Procedure Code requires the identification of substantial questions of law, which was not demonstrated in this case.
The acceptance of rents irregularly by the landlord does not amount to waiver of the right to terminate the lease, and the provisions of the Rent Control Act do not apply to the case.
Acceptance of rent by a landlord after the issuance of a quit notice does not amount to a waiver of the notice or a renewal of the lease unless there is express or implied consent from the landlord.
The jurisdiction of civil courts is ousted by the Rent Control Act provisions, making eviction suits based on oral agreements unenforceable and void.
The main legal point established in the judgment is the application of Section 106 of the Transfer of Property Act, 1882, to establish the existence of the oral tenancy and the bonafide requirement o....
The amended Section 32(c) of the Rent Control Act restricts civil court jurisdiction over eviction suits for tenants paying rent below specified thresholds.
The validity of a notice under Section 106 of the Transfer of Property Act is upheld, confirming the landlord's right to evict despite acceptance of rent post-termination.
Point of law: The material on record is clear that the basis for eviction of the appellants from the plaint schedule premises is not on account of default in payment of rents or breach of contractual....
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