MALLAMPALLI MALLIKARJUNA RAO Vs. GODAVARTHI SESHAMMA

JUDGEMENT

(1.) These two revision petitions arise out of the proceedings under the Andhra Pradesh Building under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act.

(2.) The facts that have given rise to the two petitions may briefly be stated. On 5-11-1963 the landlord presented an application for the enhancement of the rent. The petition for enhancement A.B.A. No . 42 of 1963, was decided on 27-4-1965. The leased premises consist of two distinct parts, one used for a residential purpose and the other for a non-residential purpose and the other for a non-residential purpose. The premises are situate in an important locality at Tenali. It is borne out by the evidence that the Indian Bank is located opposite the leased premises. The Post Office is located in the immediate vicinity. Form the evidence one can easily gather that there is a good deal of business activity around the leased premises, not to speak of the admission that part of the leased premises had been used as godowns for the storage of paddy or fertilisers.

(3.) On the date of the application for enhancement the stipulated rent was Rs. 100.00 per mensem. Even by 1961, the annual letting value of the premises, according to the municipal registers, was Rs 2,520/- and the property tax was considerably lower. The application for enhancement was based, among others, on the ground that the annual letting value was entered in the municipal registers as Rs. 2,520.00 and that the landlord was called upon to property tax on the basis of that entry.