AHMAD @ MOHD. AHMAD Vs. MOHD. OSMAN

JUDGEMENT

(1.) The judgment and order dated 29.11.2006 passed by the High Court of Judicature Andhra Pradesh, whereby the High Court has dismissed the revision petitions, is assailed before this Court in these appeals.

(2.) The respondent herein filed Eviction Petition R.C. No.33 of 1997 before the Principal Rent Controller, Secunderabad against Ahmad alias Mohd. Ahmad and Eviction Petition R.C. No.125 of 1997 before XVIII Junior Civil Judge-Cum-Additional Rent Controller at Secundarabad against Meer Sattar Ali seeking eviction of the tenants/appellants herein. Both the eviction petitions were dismissed on the ground that the jural relationship between the parties as landlord and tenants is not established. The Trial Court thus, concluded that there is no question of wilful default in payment of rent by the tenants. Incidentally, it also held that the premises in question are not required for bona fide purpose of the landlord i.e. for additional accommodation. The orders passed by the Principal Rent Controller, Secunderabad were questioned by the landlord/respondent herein in R.A. No.23 of 2001 and R.A. No.232 of 1999 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad, which came to be allowed. The judgments passed by the Rent Appellate Court were affirmed by the High Court of Judicature Andhra Pradesh in Civil Revision No.2374 of 2004 and Civil Revision No.2375 of 2004. Hence, the aggrieved tenants are before this Court.

(3.) Learned counsel for the appellants/tenants, taking us through the material on record, submit that the tenants and the landlord are the encroachers upon the Government property; and thus, the respondent herein is not real landlord and consequently, they are not tenants under him. She further submits that the denial of title by the tenants is bona fide; one encroacher cannot evict another encroacher and, therefore, the orders of the Rent Controller need to be restored by setting aside the judgments of the Rent Appellate Tribunal as well as the High Court.