DYAMAPPA BUTTI Vs. SOMAPPA

JUDGEMENT

(1.) This is a tenant's petition under S. 26 of the Hyderabad Houses (Rent, Eviction and lease) Control Act, 1954. It is directed against an order in appeal made by the learned District Judge Raichur, in C M A No. 1/5 of 1965, on 30-10-1965. The said appeal had been preferred by the Respondent-landlord against an order of the Asst. Commissioner and Rent Controller, Koppal, in File No. 8/RC/58-59, made on 25-11-1964.

(2.) The petition for eviction was filed by the landlord on the ground of arrears of rent. The tenant, the petitioner before this Court, among other grounds, had raised the objection that there was no tenancy and, in fact, he was the owner of the premises in question. He has claimed ownership on the ground that be had purchased the property from the mother of the petitioner and that owing to subsequent differences an understanding was arrived at that he should relinquish his rights in favour of the vendor on her repaying him a sum of Rs. 300. Since this sum was not paid, he continued to be in possession. This is denied by the original petitioner. It is unnecessary to set out the other facts and circumstances alleged by the parties as they are not necessary for the purpose of disposal of the present petition.

(3.) The Controller dismissed the petition on the ground that tenancy alleged by the landlord had not been proved. In appeal, the learned District Judge, Raichur, came to the conclusion that the tenancy had been proved and consequently directed eviction by his order which is impugned herein. This finding of fact is not assailed before this Court by the petitioner.