V PADMAVATTAMMA Vs. PALA RATHNAM

JUDGEMENT

(1.) This revision is directed against the order dated 9-6-1997 passed by the learned Subordinate Judge, Nellore in C.M.A. No.12 of 1991. The revision petitioner is the landlady. She filed the petition seeking eviction of the tenant respondent in R.C.C. No. 44 of 1988 on the file of the Rent Controller-cum-Principal District Munsif, Nellore.

(2.) The facts lie in a narrow compass. The vacant site on which the premises in question has been erected belongs to Chedella Venkataramanaiah Chetty Santhathi Charity situated at Nawabpet, Nellore Town. It is known as Cheedellavari Sathram, Nellore. One Badelu Jogi Reddy son of Seshu Reddy took the site for ground rent in or about the year 1960 from the said choultry authorities. He reclaimed the said site and constructed the house of about six ankanams and used to reside therein. He sold away the said house to the petitioner on 17-8-1980 for a consideration of Rs.3,0007- and delivered the same to her. The said fact was intimated to the choultry authorities. Since then the petitioner has been paying the ground rent for the site payable to the choultry at the rate of Rs.10/-. She spent about Rs. 10,0007- in installing a bore pump and getting the electricity connection and for reroofing of the house. On account of her ill-health and as there was none to look after her except her sisters, the petitioner leased out the schedule premises to the respondent on a monthly rent of Rs. 1007- on 11-3-1980 and left for her sister's house. The respondent paid the rents for a couple of months and committed willful default thereafter. In all he had to pay by the date of filing of the petition a sum of Rs.7,300/-. The petitioner has no other residential premises of her own and hence she requires the premises for her bonafide requirement. Hence this petition.

(3.) The respondent resisted the petition mentioning inter alia in his prolix counter that Jogi Reddy the lessee of the choultry put up a hut in the petition schedule vacant site and had been residing therein but he never constructed six ankanams of house. Subsequently, in the month of February 1982, he leased out the site to the respondent on monthly rent of Rs.757- when there was no hut even on the site. The respondent after reclaiming the said site constructed a house thereon and has been residing therein since 11-3-1982. He has been paying monthly rent of Rs.757- to the said Jogi Reddy. Therefore, the respondent is the tenant over the site of the said Jogi Reddy but not the tenant of the petitioner. There has been no landlord and tenant relationship between the petitioner and the respondent. Since the property belongs to admittedly the choultry the eviction petition against the respondent is not maintainable. Having regard to the same the question of default and bona fide requirement would not arise at all and therefore the petition is liable to be dismissed.