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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
B.Ravinder Reddy – Appellant
Versus
State of Telangana Rep. by its Principal Secretary, Social Welfare Departmen – Respondent
| Table of Content |
|---|
| 1. petitioner's ownership and rent grievances. (Para 1) |
| 2. respondents' defense and justifications for actions. (Para 3) |
| 3. court's analysis of rent fixation and obligations. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. determination of rent entitlement and obligations. (Para 11) |
| 5. court's order on payment of rent arrears. (Para 12 , 13) |
ORDER :
Nagesh Bheemapaka, J.
The case of Petitioner is that he is the absolute owner and possessor of the building bearing H.No.2-4- 123/A/12/2 situated at Padmavathi Colony, Swaroop Nagar, Uppal, Medchal-Malkajgiri District, Telangana State. He has been leasing his buildings to Respondent authorities for welfare activities for several years. In 2007, Respondent authorities had taken on lease another building belonging to Petitioner for the purpose of running an SC Child Beggar Home and fixed the rent at Rs.10/- per square foot. According to Petitioner, Respondent authorities paid rent regularly and without default till the month of September, 2017.
1.1. It is stated, the said building gradually became old and dilapidated and was rendered unfit for continued occupation. In view of the unsafe condition, Respondent authorities shifted SC Child Beggar H
The State is obligated to pay rent for occupied private property, while courts cannot override administrative determinations unless proven arbitrary.
Mere recommendation of Board of Officers, which has not been agreed to by the tenant in this case, does not form a binding contract between landlord and tenant.
Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.
A property owner retains a right to claim rent for the duration that possession is unlawfully held by the tenant, even post-vacation notice.
The court reaffirmed that fair rent determined by Rent Control Courts must reflect current market conditions, considering economic factors and evidence of comparable properties.
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
The central legal point established in the judgment is the application of G.O.(Ms).No.92, Municipality Administration and Water Supply Department dated 03.07.2007, which mandated a 15% increase in re....
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