Civil Revision Petition No. 2327 of 2012. Case: Immadisetty Nagarathnamma (died) and Ors. Vs Gostu Prameelamma, W/o Venkateswarlu. High Court of Andhra Pradesh (India)
| Case Number | Civil Revision Petition No. 2327 of 2012 |
| Counsel | For Appellant: Sri P. Ganga Rami Reddy, Adv. And For Respondents: Sri M. Chalapati Rao, Adv. |
| Judges | C.V. Nagarjuna Reddy, J. |
| Issue | Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 10(2)(i), 10(2)(v), 10(2)(vi), 10(3)(iii), 9(3) |
| Citation | 2013 (1) ALD 140 |
| Judgement Date | October 11, 2012 |
| Court | High Court of Andhra Pradesh (India) |
Order:
C. V. Nagarjuna Reddy, J.
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This Civil Revision Petition arises out of Order, dated 30-03-2012, in RCA. No. 6 of 2010, on the file of the Court of the learned Principal Senior Civil Judge, Nellore, whereby she has confirmed Order, dated 20-07-2010, in RCC. No. 28 of 1990, on the file of the Court of the learned Rent Controller-cum-Principal Junior Civil Judge, Nellore. The respondent, who is the landlady, filed RCC. No. 28 of 1990 against the husband of late Immadisetty Nagaratnamma, who was the original tenant, in the Court of the learned Rent Controller-cum- Principal Junior Civil Judge, Nellore, for his eviction under Sections 10(2)(i), 10(2)(v) and 10(3)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act'). During the pendency of the Rent Control Case, the original tenant died and Immadisetty Nagaratnamma, who is the wife of the original tenant, and the petitioners herein were brought on record in his place. By Order, dated 07-11-2001, the Rent Control Case was dismissed by negativing all the pleas of willful default, the tenant securing alternative accommodation and the landlady having bona fide requirement. Feeling aggrieved by the said Order, the respondent filed CMA. No. 2 of 2002 before the learned Principal Senior Civil Judge, Nellore. Before the appellate Court, it was pleaded on behalf of the landlady that as the original tenant has denied the title of the landlady, he was liable for eviction only on that ground under Section 10(2)(vi) of the Act. This plea was considered by the lower Appellate Court and the case was remanded to the learned Rent Controller for consideration of the said plea by its Judgment, dated 01-03-2006. After remand, the learned Rent Controller allowed the Rent Control Case by Order, dated 20-07-2010, only on the ground that the original tenant has denied the title of the landlady and that the same is not bona fide. Immadisetty Nagaratnamma and the petitioners herein carried the mater in appeal, which was taken on file as RCA No. 6 of 2010 on the file of the learned Principal Senior Civil Judge, Nellore. During the pendency of the said appeal, Immadisetty Nagaratnamma died. By Judgment, dated 30-03-2012, the learned Principal Senior Civil Judge, dismissed the RCA confirming the order of the learned Rent Controller. Assailing both these Orders, the present Civil Revision Petition is filed by the petitioners.
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