SIMPSON AND COMPANY LIMITED Vs. R A MOHAMMADI

JUDGEMENT

(1.) Heard Sri C.Subba Rao, representing the Revision petitioner and M/s.Devineni Radha Rani appointed by this Court as amicus curiae to assist the Court. The unsuccessful tenant M/s.Simpson and Company Limited, represented by its Manager, both before the Rent Controller, Hyderabad in R.C.C.No.66/80 and in R.A.No.366/89 before the Chief Judge, City Small Causes Court, Hyderabad preferred this Civil Revision Petition under Section 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960, in short hereinafter referred to as "Act", being aggrieved of the orders made therein on an application filed under Section 9(3) of the said Act.

(2.) Sri C.Subba Rao explained the facts in detail and also submitted that the dismissal of R.C.No.372/77 would not operate as res judicata since the same was not decided on merits. The learned Counsel also maintained that Section 9 of the Act is only a procedural provision which has nothing to do with either Section 10 or Section 11 of the Act and hence even if M/s.Simpson and Company Limited, represented by its Manager - the tenant, is permitted to deposit rents, by allowing the present application, no prejudice would be caused to any of the respondents and hence even in the interest of justice, the tenant/Revision Petitioner should be permitted to deposit the rents.

(3.) Per contra, M/s. Devineni Radha Rani, the learned amicus curiae made the following submissions. The learned Counsel had explained the ingredients of sub-section (3) of Section 9 of the Act and had maintained that even on the facts available on record, there is no bonafide doubt or dispute so as to attract sub-section (3) of Section 9 of the Act. The learned Counsel further submitted that unless the ingredients of sub-section (3) are satisfied, the relief prayed for by the Revision petitioner cannot be granted. The learned Counsel also had further explained the factual details and also the findings recorded by the learned Rent Controller and also the appellate authority in this regard.