K. CHENGALRAYA CHETTY Vs. GOMATHEESWARI

JUDGEMENT

(1.) THE respondent herein, a hapless woman deserted by her husband and whose sons are eking out their livelihood pushing carts on the railway platform, has been fighting a lonely and relentless battle, for the past more than twelve years, to regain possession of a small shop in Chittoor Bus Stand from the petitioners herein who have invoked the jurisdiction of this Court, under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, (hereinafter called the Act), against the order of the Principal Senior Civil Judge, Chittoor in R.C.A. No. 2 of 2006 dated 02.12.2013 confirming the order passed by the Principal Junior Civil Judge -cum -Rent Controller, Chittoor in R.C.C. No. 8 of 2002 dated 11.09.2006.

(2.) THE deceased first petitioner (father of petitioners 2 to 5) is the sole respondent in R.C.C. No. 8 of 2002. The sole respondent herein is the petitioner in R.C.C. No. 8 of 2002 which was filed under Section 10 of the Act seeking eviction of the deceased first petitioner from the petition schedule shop along with other incidental reliefs. Parties shall hereinafter be referred to as they are arrayed in R.C.C. No. 8 of 2002. R.C.C. No. 8 of 2002 was allowed on 11.09.2006 and the respondent was directed to vacate and deliver vacant possession of the petition schedule shop within two months from the date of the order. The Rent Controller held that, if he failed to vacate and deliver possession within two months from the date of the order, it was open to the petitioner to eject him under due process of law. After R.C.C. No. 8 of 2002 was allowed by order dated 11.09.2006, the first petitioner herein (respondent in R.C.C. No. 8 of 2002) died and his children preferred R.C.A. No. 2 of 2006 before the Principal Senior Civil Judge, Chittoor. During the pendency of R.C.A. No. 2 of 2006, petitioners 2 to 5 herein filed I.A. No. 204 of 2009 requesting the Court below to receive the petition with attached documents. The Appellate Court, by its order in R.C.A. No. 2 of 2006 dated 02.12.2013, dismissed the appeal confirming the order of the Rent Controller in R.C.C. No. 8 of 2002 dated 11.09.2006. The appellants were granted three months time to vacate the schedule shop. Consequent on R.C.A. No. 2 of 2006 being dismissed, by order dated 02.12.2013, I.A. No. 204 of 2009 was also dismissed on the same day.

(3.) ON the other hand Sri T.C. Krishnan, Learned Counsel for the respondent herein, would submit that the first petitioner in this C.R.P. had admitted before the Rent Controller that he was a tenant of the respondents father for a period of three years; except for a bare averment in the counter, that he had purchased the property from the respondents father, no evidence was adduced by him to show that he had purchased the property; while the first petitioner claimed to have purchased the shop by paying consideration of Rs. 40,000/ - on 10.12.1984 and to have obtained an unregistered sale deed, no suit for specific performance, based on the unregistered sale deed dated 10.12.1984, was filed; the first petitioner admitted before the Rent Controller that the father of the respondent was the owner of the subject shop; as the first petitioner admitted having taken the shop on lease from the respondents father, it is not in dispute that he was the tenant of the respondents father; the respondent had produced a copy of the Will to show that she was her fathers sole legal heir; it is evident, therefore, that she became the landlord of the property of which the first petitioner was the tenant; both the Courts below held that there existed a landlord and tenant relationship between the respondent and the first petitioner herein; the respondents children are eking out their livelihood pushing carts on the railway platform; and, as both the Courts below have concurrently held against the petitioners herein, this Court should refrain from interference. Learned Counsel would rely on Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana; and T.S. Prakash v. Xavier Emmanuel.