MUSUNURI KANAKADURGAMMA Vs. GUNTUR RAJASEKHAR

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 6-7-2000 in RCC MA No. 44 of 1999 passed by the Principal Senior Civil Judge, Vijayawada, confirming the order dated 27-1-1999 in RCC No. 72 of 1998 passed by the Rent Controller, Vijayawada allowing the petition filed by the tenant - first respondent herein, to permit him to deposit the rents in the Court.

(2.) Admittedly, the first respondent is tenant of the suit schedule property for a monthly rent of Rs. 800/- payable on or before 5th of the succeeding calendar month and there is a registered lease deed entered into by and between the parties on 10-8-1997 for a period of two years starting from 10-8-1997 to 9-8-1999 and he deposited Rs. 10,000/- in advance in favour of Smt. Adiseshamma, mother of the appellant herein, which is refundable without interest, on expiry of the lease term at the time of vacating the premises. The petitioner in the RCC was paying the rents regularly to Smt. Adiseshamma, every month and she died on 7-5-1998 and after her death, each of the respondents started claiming rent for themselves and got issued legal notice on 7-6-1998 and 29-5-1998 through their Advocates. Both the respondents in the RCC claimed ownership of the schedule premises and demanded the payment of rents each for themselves and not to pay to the other.

(3.) The petitioner herein through her mother entered into a agreement with the tenant-first respondent herein. On the other hand, the brother of the petitioner herein claimed title to the property by virtue of a registered gift deed. In view of the rival claims by the petitioner and the second respondent, the tenant has filed RCC to allow him to deposit the rents, inasmuch as there was dispute with regard to the ownership between the petitioner herein and the 2nd respondent.