M MOHAN RAO Vs. T SUBBAIAH

JUDGEMENT

(1.) The question that is involved in this Second Appeal is whether the Civil Court has got jurisdiction to entertain the suit.

(2.) This appeal is filed by the 4th defendant in O.S, No.75 of 1982 in the Court of the Subordinate Judge, Kothagudem. Respondents 1 and 2 filed a suit O.S. No.11/77 in the Court of the District Munsiff, Kothagudem against the 1st defendant for eviction from the suit premises and for arrears of rent. Subsequently, the 2nd defendant was impleaded as a party. As the 1st defendant died during the pendency of the suit, his legal representatives were added as defendants 3 to 8. The suit was transferred to the Court of the Subordinate Judge, Kothagudem and is numbered as O.S.No.75/82.

(3.) The suit premises consists of a shop. One of the contentions raised by the defendants is that the Civil Court has no jurisdiction because it is governed by the Rent Control Act. The trial court accepted the contention of the defendants and held that the building is constructed in the year 1965 and the period of 10 years granted by the Government was over even by the date of filing of the suit. The suit house is not exempted from the Rent Control Act and as such, the Civil Court has no jurisdiction to entertain the suit.