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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Mahmood Bin Abdullah – Appellant
Versus
State Of Telangana, Rep. By Its Principal Secretary, Minority Welfare – Respondent
ORDER :
NAGESH BHEEMAPAKA, J.
Petitioner states that he is the absolute owner of the property bearing Municipal No.10-3-291/2, admeasuring 465 square yards situated at Humayun Nagar, Hyderabad and his ownership and title over the said property are admitted and undisputed by respondents. It is stated, on 23.06.2018, Respondent No.2, acting on behalf of Respondent No.3, entered into a valid and subsisting lease agreement with Petitioner for use and occupation of the said premises for a period of three years, on a monthly rent of Rs.3,28,020/-. It is further stated, on expiry of initial lease period, respondents sought continuation of lease and accordingly, on 08.09.2022, lease was extended for a further period of three years on the same terms and conditions. Under the extended lease, rent was fixed at Rs.18/- per square foot, and the jural relationship of landlord and tenant between the parties continued without any dispute.
1.1. It is stated, while lease was subsisting, Respondent No.2 issued notice dated 15.09.2023, informing Petitioner that premises would be vacated shortly on emergency grounds. The said notice did not specify any definite date for vacating the premises or for handin
A property owner retains a right to claim rent for the duration that possession is unlawfully held by the tenant, even post-vacation notice.
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.
The State is obligated to pay rent for occupied private property, while courts cannot override administrative determinations unless proven arbitrary.
The right to property under Article 300A cannot be infringed without due process, and unilateral actions to fix rental charges without consent are invalid.
The interpretation of the term 'rent' to include electric and water charges as part of the rent, and the distinction between possession and occupancy were central legal principles established in the ....
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