ANJANEYACHARL V Vs. SANKA SRIDHAR

JUDGEMENT

(1.) This case sets an example disclosing the maladies surrounding the prolonged litigation in the Courts as a result of sustained efforts by a determined party to forestall the benefit to the other side which is available by process of law.

(2.) Before proceeding to examine the issue, few relevant facts are traced which are as under: The petitioner is a tenant against whom rent control proceedings were initiated in R.C.C.NO. 22 of 1985 by the landlord/ respondent seeking to evict the petitioner on three grounds namely (i) default in payment of rents, (ii) committing nuisance; and (iii) sub-letting the premises. The matter was contested before the Rent Controller and the Rent Controller by the Judgment dated 6-5-1988 ordered eviction of the petitioner herein.

(3.) The tenant as usual carried the matter in appeal before the Principal Senior Civil Judge, Tenali in R.C.A.No. 8 of 1988. The appellate Court, on analysis of the evidence, remitted the matter to the Rent Controller by the Judgment dated 23-1-1989 with a direction to the Rent Controller to decide the matter afresh by giving opportunity to both the parties. Thus the matter was sent back to the Rent Controller on 23-1-1989.