GANTA ANJI REDDY Vs. CHUNDURU SRIHARI RAO

JUDGEMENT

(1.) The first respondent-tenant in RCC No. 74 of 1980 on the file of Rent Controller-cum-Principal District Munsif, Guntur, filed this revision petition aggrieved by the order dated 2-5-1992 in RCA No. 30 of 1986 on the file of Principal Subordinate Judge, Guntur, setting aside the order dated 17-3-1986 of the Rent Controller in RCC No. 74 of 1980. The revision petition against the second respondent Chunduru Krishna Murthy was dismissed for default as per order dated 20-2-1998.

(2.) Facts leading to the filing of this revision petition briefly are as follows: The first respondent in this revision petition Chunduru Srihari Rao and the second respondent are own brothers. The first respondent herein filed RCC No. 74 of 1980 seeking eviction of the revision petitioner. He pleaded in his application that he took on rent the petition schedule premises and adjoining premises from the second respondent Krishna Murthy and thereafter sublet the petition schedule premises to the revision petitioner for rent. He also pleaded that revision petitioner committed default in payment of rents from 20-3-1979 and by 10-8-1980, he was in arrears to a tune of Rs. 850-00. He sought the eviction of the revision petitioner on the ground of wilful default in payment of rents.

(3.) The revision petitioner resisted the application taking the plea that he took the petition schedule premises for rent from the second respondent Krishna Murthy, the first respondent was the agent of Krishna Murhty and as an agent, he was collecting rent for some time from the revision petitioner on behalf of Krishna Murthy. He also pleaded that for some time he was paying rent directly to the power of attorney holder of the second respondent under proper receipts and he has not committed default in payment of rent for the period mentioned in the eviction petition. He had categorically denied the relationship of landlord and tenant between him and the first respondent. It is also necessary to point out that the second respondent Krishna Murthy filed a separate counter in the eviction petition and supported the case of the revision petitioner.