MUNNALAL Vs. URMILA DEVI

JUDGEMENT

(1.) In this revision filed by the petitioner claiming to be the legal representative of the deceased tenant, the landlady raised an important question as to whether a finding given by the civil Court on a reference made by the Rent Controller be challenged in an appeal under Section 20 of the Andhra Pradesh buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as "the Act").

(2.) The deceased tenant, Munnalal, filed R.C. No.330 of 1984 on the file of the II Additional Rent Controller, Hyderabad, (subsequently renumbered as R.C. No.1038 of 1986) under Sections 14 and 19 of the said Act, against the respondent-landlady claiming amenities of passage and lights. However, during the pendency of these proceedings, he died. Thereupon, the petitioner claiming to be the adopted son of the deceased filed an application in I.A. No.865 of 1987 to come on record as the legal representative. The landlady denied the petitioner's claim and opposed the application. Therefore, a reference was made by the Rent Controller to the Civil Court under Section 24 of the Act read with Rule 19(3) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Rules, 1961 (for short 'the Rules') for determination of the said disputed question. On receipt of the reference, the learned III Assistant Judge, City Civil Court, Hyderabad conducted an enquiry, during which both the parties let in evidence. Ultimately, the civil Court sent back the reference with a finding that the petitioner is not the adopted son as per the orders dated 19-3-1990. On the basis of the said finding, the Rent Controller, as per orders dated 31-7-1990, held that the application in R.C. No.1038 of 1986 abated.

(3.) However, the petitioner, challenging the orders dated 19-3-1990 of the Civil Court, filed an appeal under Section 20 of the Act in R.A. No.226 of 1990 which was dismissed holding that no such appeal lies.