CHAITANYABALA Vs. KALIKA JOSHI

JUDGEMENT

(1.) The unsuccessful defendant is the appellant. She filed the present appeal as against the common Judgment dated 7-6-1993 passed by the learned II Additional Judge, City Civil Court, Hyderabad, in O.S.No.998 of 1983 and O.S.No.914 of 1984. The respondents herein are the plaintiffs. They filed the suit O.S.No.998 of 1983 seeking eviction of the defendant from the front portion of the premises bearing No.10-1-17/1/1 and for a decree in a sum Rs.14,640/- towards past rents and profits and for future profits at the rate of Rs.1,830/-. They also filed the suit O.S.No.914 of 1984 for perpetual injunction restraining the defendant from interfering with their possession of the rear portion of the said premises.

(2.) The case of the plaintiffs was that the entire premises bearing. No. 10-1-17/1/1 situate at Masab Tank, Hyderabad, and known as "Ramasmiriti" was purchased by late Dr. Ramachandra Kashinath Bhandari under a registered sale deed dated 5-12-1960. After his death on 12-4-1972, his widow'Dr. Smt. Kamala Bhandari used to manage the same. The plaintiffs are the daughters of the said Dr. Ramachandra Kashinath Bhandari and Dr. Smt. Kamala Bhandari. Dr. Smt. Kamala Bhandari renovated and made additional constructions to the suit premises after 26-8-1975. She gave a letter dated 19-11-1973 to the Municipal Corporation of Hyderabad for mutating the names of the plaintiffs in the municipal records being the legal heirs of late Dr. Ramachandra Kashinath Bhandari. The front portion of the suit premises as shown in red colour in the plan annexed to the plaint was let out to the defendant in the month of May, 1982 for a monthly rent of Rs. 1,830.00 comprising of Rs.930/- towards rent and Rs.900.00 towards hire charges for fittures, fittings, amenities, etc. Dr. Smt. Kamala Bhandari died on 20-4-1983. After her death, the second plaintiff searched for the rent note. However, on enquiries with the defendant, she came to know that the rent note signed by late Dr. Smt. Kamala Bhandari was with the defendant as the defendant showed the same to her and the lease was made only for a period of 11 months. The defendant was very irregular in payment of rents from the very beginning of the tenancy. She paid the rents only for a period of 5 months. As on 20-6-1983 she was due for a period of 8 months. Not only that, the defendant started interfering with the rear portion of the premises, which was not let out to the defendant. The plaintiffs, therefore, filed the suit for perpetual injunction in O.S.No.2138 of 1983 on the file of the X Assistant Judge, City Civil Court, Hyderabad. Thereafter, they got the notice dated 20-6-1983 issued to the defendant terminating the tenancy with effect from the end of tenancy month of June-July, 1983. Under the notice, the defendant was called upon to produce the original rent note. Having received the same, the defendant gave a belated reply on 9-7-1983. Hence, the suit for eviction and for arrears of rent.

(3.) The defendant resisted the suit by filing a written statement mentioning inter alia that the defendant obtained the suit house from late Dr. Smt. Kamala Bhandari under a rental deed dated 15-5-1982 executed by her. Initially, the rent was agreed to at Rs.930.00 per month but in view of the changed circumstances some time later the rent was fixed at Rs.915.00 per month. No fixtures, fittings or other amenities were provided to the defendant and the defendant never agreed to pay an amount of Rs.900.00 per month towards hire charges. Although, red line portion as shown in the plan annexed to the plaint was let out, the rear portion of the main building was also under the possession of the defendant since 3-3-1983. Although the admitted rent was Rs.930.00 per month for the main building, it was raised from March, 1983 by Rs.300.00 per month for the rear portion. The mother of the plaintiffs used to collect the rent whenever she was in need of money and some times the defendant paid amount in advance also. Thus, she collected a total amount of Rs. 13,540.00 for the period from May, 1982 to July, 1983 for 14 months at Rs. 915.00 per month and the balance was to be adjusted in August, 1983. The quit notice was not proper and valid and the Civil Court has no jurisdiction since the lease was governed under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.