KAMALAKAR RAO Vs. ABIDA BEGUM

JUDGEMENT

(1.) The revision petitioner is the respondent in R.C.C. No. 1/78 on the file of the Rent Controller (District Munsif), Kothagudem. The eviction was sought on the ground of wilful default iu the payment of reut and for bonafide occupation. The revision petitioner denied being a wilful defaulter or that the respondent landlord bonafide required the premises for his personal occupation. Both the Rent Controller and the Appellate Authority (Subordinate Judge) held on merits that the respondent has made out both the grounds and have accordingly ordered eviction of the revision petitioner. These findings are not questioned in this revision. The revision petitioner also resisted the eviction on the ground that the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, is inapplicable to the buildings in question, on the ground that Kothagudem is a deemed municipality and not a municipality notified under Sec. 3 of the A.P. Municipalities Act. Both the Rent Controller and the Appellate-Authority held that though Kothagudem is not notified as a municipality under Sec. 3 of the A.P. Municipalities Act it is a deemed municipality under the laid Act and the ANDHRA PRADESH BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1960 has application even to such deemed municipalities.

(2.) It is the correctness of this view that is canvassed by the revision petitioner in this revision.

(3.) Before adverting to that point, it should be stated that Kothagudam area, prior to the ANDHRA PRADESH BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1960 1960, was governed by the provisions of Hyderabad Act 20 of 1954. By notification No. 15 dated 3-6-1955 the area included within the limits of Kothagudem was notified under Hyderabad Act 20 of 1954. If the said notification so made in 1955 still continues to operate as a notification made under the ANDHRA PRADESH BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1960, 1960, the question does not really arise whether the ANDHRA PRADESH BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT, 1960 1960 would apply to areas comprised in deemed municipal ties. The building in question was constructed in the year 1945 by the father of the respondent at Bhajana- mandir Read, Kothagudem.