B BHADRAIAH Vs. ADAPA LALITHA

JUDGEMENT

(1.) The unsuccessful tenant in both the Courts below is the revision petitioner. This civil revision petition is filed by the tenant aggrieved by an order of the learned Additional Chief Judge, City Small Causes Court, Hyderabad in RA No. 113 of 1997 dated 25-2-1999 confirming the order made in RC No.303 of 1995 on the file of the Principal Rent Controller, Secunderabad dated 25-2-1997.

(2.) The parties, for the purpose of convenience, will be referred to as landlady and tenant.

(3.) The facts in brief are that the landlady filed RC No.303 of 1995 on the file of the Principal Rent Controller, Secunderabad under Section 4 of the A.P. Buildings, (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the Act) for fixation of fair rent. The landlady had averred that she is the absolute owner of the premises and the rent was at Rs.60/- in the year 1970 and the rent was very low when compared with the market prevailing rental values and the rental values in the locality had increased tremendously and the premises would fetch Rs. 1,000/- as fair rent per month exclusive of electricity charges. The tenant had filed a counter denying the allegations and had stated that he had been paying the rent at the rate of Rs.130/- per month exclusive of electricity charges and he had also spent Rs.2,000/- for construction of drainage lines and also walls of toilet in September, 1995 and the portion consists of only one room, one varandah partly closed and the other varandah is made into kitchen like place and there is no water connection to the petition schedule premises and hence the demand of the landlady is unreasonable. In the Court of first instance, PWs.1 and 2 were examined on behalf of the landlady and Exs.Pl to P3 were marked and the tenant got himself examined as RW1. Ex.P1 is the certified copy of the family settlement deed dated 27-4-1992; Ex.P2 is the certified copy of sketch plan and Ex.P3 is the valuation report issued by the valuer dated 3-9-1996. The Court of first instance while answering on the point as to whether the petitioner is entitled for fixation of fair rent after appreciation of oral and documentary evidence in detail at paras 11 to 15 ultimately had arrived at a conclusion that fixation of fair rent at Rs.900/- will be reasonable. The tenant aggrieved by the order of the learned Rent Controller preferred RA No.113 of 1997 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad and the learned appellate authority also had dismissed the appeal by an order dated 25-2-1999 and aggrieved by the same the tenant had preferred the present revision.