VALLABH GLASS WORKS LTD Vs. P ANDALESWARAMMA

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order of the Principal Subordinate Judge, Vijayawada passed in IA No.4773/91 in RC CMA. No.89/90. The tenants are the revision petitioners. The land-lord respondent filed a petition for eviction on the ground of default in payment of rents., The Rent Controller allowed the petition. Against that order, the tenants filed an appeal before the Subordinate Judge, Vijayawada. Pending disposal of the appeal , they filed IA.No. 4773/91 for stay of eviction. That petition was dismissed by the Subordinate Judge. Against that order, the present revision petition was filed.

(2.) The main ground on which the stay of eviction was prayed before the learned Subordinate Judge, was that the petitioner-company was declared as a sick company and therefore, no eviction can be ordered in view of Section 22 of the Sick Industrial Companies (Special Provisions) Act 1 of 1986. The learned Subordinate Judge rejected the plea on the ground that the said Act is not applicable to the eviction proceedings under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act.

(3.) It is now conceded by the learned counsel for the petitioners that in view of the judgment of the Supreme Court reported in M/s. Shree Chamundi Mopeds Ltd. vs. Church of South Inida Trust Association the learned Subordinate Judge, is right in holding that Act 1/86 is not applicable to the proceedings under the Rent Control Act. I may refer to the observations made by the learned Judges which are to the following effect:-