G.S. ASHOK Vs. DHIRAJLAL MAGANLAL SHAH

JUDGEMENT

(1.) THE deceased -1st respondent was the tenant in the ground floor of premises constructed in Plot No. 24, Jawahar Nagar Colony, Hyderabad. The petitioners purchased the entire building in the year 2001, and the tenancy of the deceased -1st respondent was attorned through a letter dated 07 -05 -2001. The lease at the relevant point of time was Rs.500/ - per month. The petitioners filed R.C.No.192 of 2001 before the Additional Rent Controller -cum -XVIII Junior Civil Judge, at Secunderabad, under Section 4 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short the Act) for fixation of fair rent, for the premises, to be at Rs.7,000/ - per month. They pleaded that the premises is located in an important area, and though it was residential in nature, the respondents were undertaking non -residential activity, namely, running of a clinic. It was also pleaded that before the premises were purchased by the petitioners, they too were tenants, and for the first floor, they were paying Rs.3,800/ - per month, whereas the 1st respondent was paying, just Rs.500/ - per month. They pleaded that the ground floor has an advantage, from the point of view of access and amenities, and prayed for enhancement of the rent.

(2.) THE 1st respondent died during the pendency of the proceedings, and his legal representatives, respondents 2 to 5 were brought on record. They admitted the tenancy and the demand made by the petitioners for enhancement of the rent. According to them, the garage in the ground floor was occupied by the petitioners and that there is no basis for the petitioners for demanding enhanced rent.

(3.) THE respondents filed R.A.No.321 of 2004 before the Chief Judge, City Small Causes Court, Hyderabad, challenging the order, enhancing the rent, passed by the Rent Controller. The petitioners, on the other hand, filed Cross -objections, seeking enhancement up to Rs.7,000/ - per month. The lower Appellate Court dismissed the appeal as well as the cross -objections, through order dated 28 -12 -2010. Hence, this revision, under Section 22 of the Act.