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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SAMBASIVA RAO NAIDU
Jamia Nizamia, Hyderabad – Appellant
Versus
M.A. Sattar Khalidi – Respondent
JUDGMENT :
Sambasiva Rao Naidu, J.
Being aggrieved by the judgment dated 26-02-2016 in RA.No.84 of 2014 and RA.No.85 of 2014 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad, where under, the appeals preferred by the respondent/tenant against the judgment in RC.No.21 of 2004 and RC.No.435 of 2008 were allowed, thereby, their two Rent Control Cases were dismissed, the petitioner/landlord in the above referred Rent Control cases and the respondent in both the appeals has filed these two Civil Revision Petitions under Section 22 of A.P. Buildings (Lease, Rent and Eviction) Control Act, which is now ‘The Telangana Buildings (Lease, Rent and Eviction Control Act, 1960) herein after will be referred as ‘Act 15 of 1960’, with a prayer to set aside the above referred judgments in both the appeals and direct the respondent/appellant to vacate and hand over the petition schedule property to the petitioner. Since the appeals were filed on similar grounds and present Civil Revision Petitions were also filed on similar grounds and as the learned counsel for the petitioner and learned counsel for the respondent have advanced common arguments in both the revision petition
The court clarified that tax exemption status does not exempt a charitable landlord from compliance with eviction procedures under rent control laws.
The trial and appellate courts lacked jurisdiction over eviction matters pertaining to a charitable trust as the property was exempt under the Telangana Buildings Act, highlighting that challenges to....
The main legal point established in the judgment is that tenants cannot deny the status of a landlord based on the agreed rent and must provide satisfactory evidence to support their claims.
The landlord is entitled to evict the tenant for willful default in payment of rent and bonafide requirement.
The mandatory nature of Section 14(2) of the DRC act and the landlord's remedy to file a civil suit for possession when the tenant denies the landlord-tenant relationship.
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