LAWS(BOM)-1993-2-152

CHOTEMIYAN RAJESAHEB Vs. RAMBHAU VENKATRAO NANDEDKAR

Decided On February 26, 1993
Chotemiyan Rajesaheb Appellant
V/S
Rambhau Venkatrao Nandedkar Respondents

JUDGEMENT

(1.) IF a tenant loses possession otherwise than by order of the Rent Controller, will an application to the Rent Controller lie under the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, hereinafter referred to for the sake of brevity as 'the Hyderabad Rent Act', is the question raised in this revision application.

(2.) PETITIONER -Chotemiyan - a betel and cigarette vendor was running his business in the premises owned by the respondent landlord and the landlord had provided a wooden box for this purpose. It is alleged that the landlord represented to the tenant that he wants to reconstruct the premises and after reconstruction, he would again allot the same space to the tenant. Therefore, the tenant vacated the premises. However, landlord backed out his promise and neither reconstructed the premises nor gave it back to the tenant. Therefore, an application was moved by the tenant petitioner to the Rent Controller. Nanded under section 15 of the Hyderabad Rent Act for restoration of possession. The learned Rent Controller, Nanded was pleased to allow the application directing the landlord to put the tenant back in possession by the order dated 30th August, 1985 in File No. 81/MAG/RCA/41. This order was challenged by the landlord in an Appeal under section 25 of the Hyderabad Rent Act. This appeal No. 141 of 1985 was allowed by the learned District Judge, Nanded holding that the Rent Controller had no jurisdiction to pass such an order. This appellate order has been challenged in this revision application.

(3.) SECTION 15 of the Hyderabad Rent Act prohibits eviction of a tenant whether in execution of decree or otherwise, except in accordance with the provisions of that section. Therefore, an application of the landlord for the eviction of the tenant is maintainable under this section. There is no provision in the Hyderabad Rent Act which entitles the tenant to apply for possession, if he has not lost the possession in furtherance of order of the Rent Controller.