JEETH KAUR Vs. P KONDALAMMA

JUDGEMENT

(1.) This second appeal arises out of the judgment of the additional chief judge, city civil Court, hyderabad dated 21-10-1978 in A.S. No. 66 of 1977 reversing the decree and judgment of the VII Assistant Judge, city civil Court, Hyderabad in O.S. No. 205 of 1973.

(2.) The plaintiffs are the appellants. The first plaintiff heera Bai is the widow of one Harnam singh. The 2nd plaintiff is the daughter and plaintiffs 3 and 4 and 2nd defendant are the sons. The suit is filed for a declaration of the plaintiffs right of occupancy as tenants of building bearing No. 4-7-649 situate in Esamia bazar, Hyderabad belonging to the first defendant kondalamma.

(3.) Harnam singh, the husband of the first plaintiff was inducated into the suit building as tenant by the predecessor-in-title of defendant No.1 plaintiffs 1 to 4 and defendant No. 2 were residing with Harnam singh in the suit building paying the rents regularly. Harnam singh died on 18-9-1957. Even after the death of Harnam singh, plaintiffs and defendant No.2 continued to reside in the suit building. Defendant No. 2 was paying the rent up to November 2 along with his family shifted to a police quarter allotted to him by the Government plaintiffs 1 to 4 continued to reside in the suit building. Defendant No. 1 received the rent till November.1967. after defendant No. 2 shifted from the suit building when the rent was tendered by plaintiffs 1 to 4 for December. 1967 defendant No. 1 refused to receive the rent. After issuing a notice to defendant No. 1 to specify the bank in which the rent has to be deposited for which there was no reply, the first plaintiff filed R.c.No.234 of 1968 in the Court of the rent controller, Hyderabad under S. 8 of the Andhra pradesh buildings (lease, Rent and Eviction) control Act and the same was allowed on 25-3-1970. Defendant No. 1 preferred Rent Appeal No. 516 of 1970 and it was allowed on 26-12-1971 holding that there was no jural relationship of tenant and landlord between the parties. Plaintiff No. 1 filed C.R.P. NO. 609 of 1972 in the High Court challenging the decision in the rent appeal and the same was dismissed on 7-2-1973 with a direction that plaintiff No. 1 may withdraw the rents deposited by her. Notwithstanding the direction, the first plaintiff has not withdrawn the amounts from the Court of the Rent controller. After the decision of the High Court plaintiffs 1 to 4 filed the present suit for a declaration of their rights of occupancy contending under S. 8 of the Rent decision is void and inoperative and that the plaintiffs must be deemed to be tenants after the death of harnam singh.