KALISETTI VENKATA RAMANA Vs. KOLLA ESWARA PRASAD

JUDGEMENT

(1.) These three Civil Revision Petitions are filed by three different tenants against the common respondent who is the co-owner of the petition schedule properties. Since common question arises in all three matters, they are disposed of by a common order.

(2.) The respondent filed RCC Nos.3 of 1995, 4 of 1995, 6 of 1995 for eviction of the petitioners herein before the Rent Controller-cum-Principal Junior Civil Judge, Srikakulam on the ground of wilful default in payment of rents. The Rent Controller by different orders dated 11th December, 1998, dismissed all the RCCs holding that in view of the disputes among the co-sharers i.e., the respondent and his sister, it cannot be said that the tenants are the defaulters in payment of rents and accordingly the eviction petitions filed by the respondent were dismissed. Against the said order dated 11-2-1998 in RCC No.3 of 1995, 4 of 1995, 6 of 1995, the respondent filed CMA Nos.2 of 1999, 3 of 1999 and 4 of 1999 respectively before the Principal Senior Civil Judge, Srikakulam. The Appellate Authority by different orders dated 30th June, 2000 held that the petitioners/tenants have committed wilful default in paying the rents and the respondent, though a co-owner, can maintain the petition for eviction of the tenants. Accordingly all the three appeals were allowed, against which the tenants filed these revisions.

(3.) Admittedly the petitioners are the tenants in respect of the respective petition schedule properties. They have been paying the agreed rents regularly. Originally all these three petition schedule properties belong to one Kolla Bapanaiah. He died on 19-7-1979. After his death, his wife Ammajamma succeeded to the said properties and collecting the rents. She also died on 4-3-1994. Immediately after her death one Smt. Manikonda Krishna Kumari, sister of the respondent herein issued notice on 9-4-1995 through her advocate to the respondent claiming the petition schedule properties as her own. The respondent herein got issued a reply notice dated 26-5-1995. The respondent also issued similar legal notice to his sister M. Krishna Kumari on 5-6-1994. Ex.Bl is legal notice got issued by M. Krishna Kumari dated 19-5-1994 to all the petitioners/ tenants herein informing that she is the adopted daughter of Ammajamma and the respondent herein i.e., Kolla Eswara Prasad has no right, title or interest in the petition schedule property. She only is entitled to the entire property and accordingly called upon the petitioners herein to handover the petition schedule properties and also render an account for the rents within 10 days and further stated that if they do not acknowledge the title of the said M. Krishna Kumari and pay her the rents, the tenants will be evicted from the petition schedule properties for non-payment of rents. The petitioners herein got issued reply notice in reply to the Ex.Bl stating that they have paid the entire rents up to the date of death of Ammajamma who died on 4-3-1994 and they are ready and willing to pay the rents to the rightful owners and till the dispute between Kolla Eswara Prasad and her sister Manikonda Krishna Kumari is resolved, they have no objection to deposit the rents regularly into the Court or if both the parties agree, in any named bank account. Accordingly they have requested both the parties i.e., respondent and his sister to name a bank. The said reply notice is marked as Ex.A1.