THE HONOURABLE Dr. JUSTICE G.RADHA RANI CIVIL REVISION PETITION Nos.140 of 2020, 2467, 2785 AND 2861 OF 2019

COMMON ORDER:

CRP No.140 of 2020 is filed by the petitioner-respondent-tenant (Santosh Devi) aggrieved by the common judgment dated 08.08.2019 passed in RCA No.20 of 2018 by the learned Additional Chief Judge, City Small Causes Court, Hyderabad.

2. CRP No.2467 of 2019 is filed by the petitioner-appellant-

tenant (Santosh Devi) aggrieved by the common judgment dated 08.08.2019 passed in RCA No.7 of 2018 by the learned Additional Chief Judge, City Small Causes Court, Hyderabad.

3. CRP No.2785 of 2019 is filed by the petitioner-respondent-

tenant (Mahaveer Prasad) aggrieved by the common judgment dated 08.08.2019 passed in RCA No.21 of 2018 by the learned Additional Chief Judge, City Small Causes Court, Hyderabad.

4. CRP No.2861 of 2019 is filed by the appellant-tenant (Mahaveer Prasad) aggrieved by the common judgment dated 08.08.2019 passed in RCA No.06 of 2018 by the learned Additional Chief Judge, City Small Causes Court, Hyderabad.

5. For the sake of convenience, the parties are hereinafter referred as ‘landlord’ and ‘tenants’.

6. The petitioner-tenant in CRP Nos.140 of 2020 and 2467 of

2019 was the wife of the petitioner-tenant in CRP Nos.2785 and 2861 of 2019. During the pendency of CRPs, the petitioner-tenant in CRP Nos.2785 and 2861 of 2019 died and his Legal Representatives were brought on record as petitioner Nos.2 to 5 in the said revision petitions.

7. The facts of the case in brief are that the landlord filed a petition under Section 4(1) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 before the IV Additional Rent Controller, City Small Causes Court, Hyderabad in R.C. Nos.405 of 2010 and 406 of 2010 against the tenants praying the Rent Controller to fix the fair rent at Rs.25,000/- and Rs.30,000/- per month in respect of the schedule properties i.e. first floor of shop No.21-1-665-17 and ground floor of shop No.21-1- 665-7 respectively situated in Rikab Gunj, Hyderabad. The tenants of both the above shops who were husband and wife were represented by their GPA holder Mr. Rajesh Kumar, who was their son. The landlord filed the Rent Control petitions through his GPA holder Mr. Khaja Naseeruddin, who was none other than his father. The contention of the landlord was that he was the absolute owner of the petition schedule properties and had given the same on lease to the tenants on a rent of Rs.1,001/- each per month and executed registered lease deeds on 24.05.2001. As per the lease deed, the lease commenced from 01.05.2001 and it was for a period of 9 years. The tenants agreed to enhance the rent @ 20% on the existing rent after completion of three years. The petition schedule properties were let out for the purpose of hosiery and readymade business. The tenants were carrying on cloth business in wholesale and retail in the said premises. The schedule properties were located in Rikab Gunj, which was one of the biggest wholesale and retail cloth business in Hyderabad. Near the petition schedule property, there were Sattar Market, God gift Market, where wholesale and retail business was being carried. Opposite to the petition schedule property, there was BJ Market, which was famous for wholesale cloth business. The petition schedule property was one of the premier business localities in the twin cities of Hyderabad and Secunderabad. It was of RCC construction. There had been a revolutionary change in the rate of r.ent, the value of the building, cost of construction and labour. As per the market value certificate issued by the SRO, the value of the property was Rs.8,30,000/-. Taking into consideration all the factors, the schedule properties would easily fetch rent of Rs.25,000/- and Rs.30,000/- per month, respectively. As such, the landlord filed the petitions before the Rent Controller for fixing fair rent as such in respect of the schedule properties.

8. The tenants filed their counters contending t