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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO, J.
Pandalaneni Naga Koteswara Rao - Appellant
Versus
Vinjamuri Chandra Sekhar Rao – Respondent
Second Appeal No. 170 of 2020
Decided On : 22-01-2025
Based on the provided legal document, the key points are as follows:
Jurisdiction of Civil Courts: The court emphasized that the jurisdiction of civil courts to hear eviction suits is barred by the provisions of the Rent Control Act, specifically after the enactment of the relevant amendments. Since the property in question falls within a municipal area and the rent is within the prescribed limits, the civil court's jurisdiction is ousted (!) (!) (!) .
Nature of the Tenancy and Rent: The evidence established that the defendant was a tenant paying a monthly rent of Rs.1,600 to the vendor of the plaintiff, and this amount was consistent at the time of the suit. There was no evidence to support the claim that the rent was Rs.8,000 or more, or that the defendant agreed to pay such higher rent (!) (!) (!) .
Relationship of Landlord and Tenant: The defendant admitted to the relationship of landlord and tenant, and the case was based on oral agreements and attornment. However, the court noted that enforceability of tenancy rights and eviction claims require tangible written evidence, which was lacking in this case (!) (!) (!) .
Validity of the Eviction Suit: The courts found that the eviction suit filed in civil court was not maintainable because the matter falls under the Rent Control Act, especially given the rent amount and location. The suit was deemed to be filed without proper jurisdiction, rendering the decrees passed therein null and void (!) (!) (!) .
Legal Procedure and Evidence: The courts scrutinized the evidence regarding rent payments, notices, and the transfer of property. They observed that the plaintiff failed to prove that the rent was more than Rs.1,600, and there was no written agreement to support higher rent claims. The defendant's evidence of paying rent to the vendor was consistent and credible (!) (!) (!) .
Court's Conclusion and Decision: Both the trial and appellate courts erred in proceeding with the case without proper jurisdiction and in misapplying legal principles. As a result, the second appeal was allowed, the judgments were set aside, and the suit was dismissed on the grounds that the civil court lacked jurisdiction under the Rent Control Act (!) (!) (!) .
Costs and Final Orders: Each party was ordered to bear their own costs, and all miscellaneous petitions pending in the appeal were closed (!) (!) .
In summary, the legal reasoning centered around the jurisdictional bar imposed by the Rent Control Act, the lack of evidence supporting claims of higher rent or a different tenancy arrangement, and the procedural errors committed by the courts below. The ultimate decision was to dismiss the eviction suit due to its lack of jurisdiction and to set aside the decrees passed therein.
| Table of Content |
|---|
| 1. appellant's background and prior court decisions (Para 1 , 2 , 3 , 4 , 6 , 7 , 8) |
| 2. key trial issues identified for appeal (Para 10 , 11 , 12) |
| 3. arguments of the parties presented (Para 14 , 15) |
| 4. evidence and rent disputes discussed (Para 18 , 20 , 21 , 24 , 25) |
| 5. jurisdictional issues regarding the civil court discussed (Para 26 , 29 , 30) |
| 6. final court ruling and implications (Para 31 , 32) |
JUDGMENT :
V. GOPALA KRISHNA RAO, J.
This Second Appeal is filed aggrieved against the Judgment and decree in A.S.No.5 of 2019 on the file of Senior Civil Judge, Mangalagiari, dated 20.12.2019, confirming the Judgment and decree in O.S.No.385 of 2015 on the file of Principal Junior Civil Judge, Mangalagiri, dated 07.05.2019.
2. The appellant herein is the defendant and the respondent herein is the plaintiff in the O.S.No.385 of 2015 on the file of Principal Junior Civil Judge, Mangalagiri.
3. The plaintiff initiated action in O.S.No.385 of 2015 on the file of Principal Junior Civil Judge, Mangalagiri, with a prayer for evicting the defendant from the suit schedule property by delivering vacant possession to the plaintiff, for arrears of Rs.83,200/- towards damages for use and occupation of schedule property from 11/2014 to 11/2015 i.e., 13 months and also to pay damages for use and occupation of the schedule property at Rs.8,000/- per month from 01.12.2015 till eviction with interest and costs.
4. The learned Principal Junior Civil Judge, Mangalagiri, decreed the suit with costs. Felt aggrieved of the same, the unsuccessful defendant in the above said suit filed the aforesaid appeal before the learned Senior Civil Judge, Mangalagiari. The learned Senior Civil Judge, Mangalagiari, dismissed the first appeal and confirmed the decree and judgment passed by the trial Court. Aggrieved thereby, the unsuccessful defendant/ appellant approached this Court by way of second appeal.
5. For the sake of convenience, both the parties in the appeal will be referred to as they are arrayed in the original suit.
6. The case of the plaintiff, in brief, as set out in the plaint averments in OS.No.385 of 2015, is as follows:
The plaintiff has purchased the suit schedule property from his vendor Yekkali Rama Yogeswara Rao on 09.06.2014 vide Doc.No.5222/ 2014 of SRO, Mangalagiri. By that time, the defendant is lessee to the schedule property and he is running bamboo sticks business in the schedule site along with adjoining site situated towards south of schedule property. Prior to purchasing the schedule property, the plaintiff has informed the defendant orally about his intention to purchase the schedule property and also informed him that he has to vacate the property within short time. After purchasing the property, the plaintiff has informed the same to the defendant orally and demanded him to vacate the premises but he did not issue any written notice. Though the defendant was informed orally, he did not take any steps to vacate the schedule premises. As such, the plaintiff has issued legal notice on 12.10.2014 demanding the defendant to vacate the schedule shop room saying that he requires the same for his personal occupation. In that notice, the plaintiff has also clearly stated that the defendant’s tenancy was terminated and he has to vacate the schedule shop room within 15 days particularly by the end of October, 2014 and deliver possession to the plaintiff; failing which, he will be treated as tenant holding over and he will be liable to pay Rs.8,000/- per month towards damages for use ad occupation of the schedule property from 01.11.2014 to till eviction. On receipt of the legal notice also, the defendant failed to comply with the demands of the notice. Instead he has issued legal notices, dated 15.10.2014 and 25.11.2014 saying that he took the schedule property on lease at a monthly rent of Rs.1,600/- and he has sent the rent up to August, 2014 to the vendor of plaintiff. The defendant has also informed through his reply notices that he
The jurisdiction of civil courts is ousted by the Rent Control Act provisions, making eviction suits based on oral agreements unenforceable and void.
The amended Section 32(c) of the Rent Control Act restricts civil court jurisdiction over eviction suits for tenants paying rent below specified thresholds.
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 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.
Point of law: The effect of Order XLI Rule 27(1)(b) CPC was considered in recording such observations. It was not an instance with reference to application of Order XLI Rule 27(1)(aa) CPC. This claus....
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.
It is well settled that rights of parties will have to be determined on basis of rights available to them on date of suit.
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.
A civil court has jurisdiction to entertain a suit for recovery of possession of vacant land leased out to a tenant, even if the tenant has constructed a shed on the land, provided that the plaintiff....
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