LAWS(APH)-2013-3-48

SRINIVAS ENTERPRISES Vs. NARAYANDAS

Decided On March 15, 2013
Srinivas Enterprises Appellant
V/S
NARAYANDAS Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, (for short "the Act") by the landlords challenging the order dt. 5.6.2006 in RA No. 504 of 1994 of the Appellate Authority under the Act-cum-Additional Chief Judge, City Small Causes Court, Hyderabad confirming the order dated 25.4.1994 in RC No. 1175 of 1988 of the Principal Rent Controller, Hyderabad. The subject matter of this Civil Revision Petition is a mulgi bearing premises No. 5-8-658/5 situated at Station Road, Nampally, Hyderabad (hereinafter referred to as "RC schedule premises". The first petitioner is a firm in which petitioner no. 2 and respondents 2 to 9 are partners. (for short "petitioners")

(2.) The RC schedule premises was purchased by the 1st petitioner firm under regd. sale deeds dt. 9.5.1985 and 10.5.1985. The first petitioner firm was carrying on hotel business under the name and style of Coromondel Lodge in the premises bearing Municipal Nos. 5-8-658, 658/1-4 and sheds bearing Nos. 658/5, 658/6 and 658/7 and three floors with back side restaurant Shalimar Bar and Restaurant. The first, second and third floors are resting on the ground floor shops bearing Nos. 5-8-657, 658, 658/1 to 8 situated at Nampally Station Road, Hyderabad. On the western side of the main road, there is a passage with shutter gate. In the first, second and third floors there are total 33 rooms with balcony, W.C. bath and other amenities fully equipped with furniture.

(3.) The 1st respondent is a tenant of the petitioners in the RC schedule premises and he had attorned his tenancy with effect from 12.5.1985. The 1st respondent was paying monthly rent of Rs. 350/- excluding electricity consumption charges and carried on business in the name and style of "M/s. Sona Foot Wear".