PADURI CONSTRUCTION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Premises bearing No. 3-4-526/24 situated at Tahniyat Bagh, Lingampally, Hyderabad was purchased by Smt. D. Hemalatha Devi through sale deed, dated 07.05.1955. Immediately neighbouring premises bearing No. 3-4-526/25 was purchased by her husband Sri D.L Ananda Rao through sale deed, dated 12.05.1955. Both the premises are parts of a larger premises. Ananda Rao died on 22.06.1974. He executed a Will, dated 01.10.1973, bequeathing his property to his wife (D. Hemalatha Devi), and three children i.e. Jyothi Subramanyam Dittakavi (son), Ashok Dittakavi (son) and Meena Mantravadi (daughter). Hemalatha Devi executed a Will, dated 07.08.1985, bequeathing her property in favour of her three children and she died on 15.09.1985. The premises were leased to the Department of Posts, respondent No. 3 herein, for establishing a Post Office in the year 1973. Rents were being paid regularly till the death of Anand Rao. Thereafter, respondent No. 3 stopped payment of rents on one pretext or the other, though the legal heirs of Ananda Rao were approaching it. Subramanyam Dittakavi S/o. Ananda Rao was approaching respondent No. 3 for payment of rent. Through letter, dated 04.01.1989, respondent No. 3 informed Sri Subramanyam Dittakavi that rents would be paid on production of legal heir certificate. In reply to a request for vacating the premises, respondent No. 3 informed that a departmental shed is under construction and the premises would be vacated shortly. In a subsequent letter, dated 03.04.1990, respondent No. 3 informed that the premises would be vacated within two or three months.

(2.) The legal heirs of the original owners sold the property to the petitioner herein through sale deed, dated 21.10.2004. Before the sale, proceedings were initiated for eviction of respondent No. 3. The petitioner filed R.C.No. 34 of 2006 before the I Additional Rent Controller, City Civil Court, Hyderabad. The R.C. was dismissed on the ground that a notification may have been issued under the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Rent Control Act') exempting respondent No. 3 from the purview of the Act. The appeal preferred by the petitioner was also dismissed.

(3.) An application filed for fixation of fair rent by the petitioner being R.C.No. 128 of 2007 was allowed and the rent was fixed at Rs. 14,750/- through order, dated 22.11.2010. The petitioner contends that an appeal filed against it is pending. It is also stated that ever since 1985, respondent No. 3 did not pay rent for the premises.