LAWS(APH)-2022-9-140

K. RAMA KUMAR Vs. BEZWADA COMMERCIAL ASSOCIATION

Decided On September 28, 2022
K. Rama Kumar Appellant
V/S
Bezwada Commercial Association Respondents

JUDGEMENT

(1.) Heard Mr.Sai Gangadhar Chamarthy, learned counsel for the petitioner and Mr.M.Radha Krishna, learned counsel for the respondents.

(2.) The present Civil Revision Petition is filed against an Order dtd. 6/12/2021 in I.A.No.74 of 2020 in R.C.C.No.34 of 2018 on the file of the Court of the Rent Controller-cum-IV Additional Junior Civil Judge at Vijayawada, Krishna District.

(3.) The petitioner herein, who is a tenant filed the above referred R.C.C, seeking an order granting permission to deposit the rents in respect of the petition schedule property at the rate of Rs.2,900.00 per month w.e.f., 1/8/2018 to till date and to deposit the future rents to the credit of the proceedings before the Court under Sec. 8(5) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, "the Act"). In the said proceedings, the petitioner filed the above mentioned miscellaneous application i.e., I.A.No.74 of 2020, inter alia, seeking to struck off the defence of the 1st respondent on the premise that there is no authority or authorization to represent the respondent-society and in the absence of any proof of authority of the Secretary to represent the society, as duly elected and authenticated by the Registrar of Societies, the respondents are not entitled to file counter representing the 1st respondent and that consequently the defence put up by the respondents is non-est and liable to be rejected.