KALIVARAPU KAMAYYA Vs. KALIVARAPU VENKATA RAMANAMURTHY

JUDGEMENT

(1.) The Civil Revision Petition is filed under Section 22 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960.

(2.) The unsuccessful landlord in both the Courts below is the revision petitioner. The respective pleadings of the parties are as follows:

(3.) The case of the petitioner, in precise, that the petitioner is the absolute owner of the tiled house bearing Assessment No.2214 situated at Palakonda. The respondent is the younger brother of the petitioner. At the time of the partition of the properties of the petitioner and his brothers, the respondent was allotted two roomed thatched house and vacant site on the northern row of petition schedule house and prior to 1974 as the respondent has no dwelling house the petitioner has leased out the petition schedule house at a monthly rent of Rs.50/- to be paid by 1st of every succeeding month. About 10 years back on account of the general increase in the value of houses and price, the respondent has agreed to payment at the rate of Rs.250/- for month and used to pay as such till 4 years back and obtained receipts from the petitioner to that fact. On account of some differences between the petitioner, the respondent and his father-in-law the respondent wilfully failed to pay the rents despite the repeated demands by the petitioner. The petitioner got issued a registered notice dated 4-2-1991 demanding the arrears of rent and to vacate the petition of rents. The respondent has sent reply dated 25-2-1991 with false and frivolous allegations while admitting the title of the petitioner,