MUNNALAL Vs. MAHADEVMAL DULARAM

JUDGEMENT

(1.) The point that arises in this revision petition is about the maintainability of an application by a sub-tenant of a premises while resisting the execution of a decree for eviction obtained by the landlord against the tenant in respect of malgis Nos. 30 and 3 I. The applcation was filed under sub-rule (7) of Rule 23 of the rules framed under the A.P. Buildings (Lease, Rent and Eviction) Control Act, hereinafter referred to as the 'Act. A facts are necessary in this connection.

(2.) The petitioner herein has purchased the premises about seven years ago from the origins! owner. At the time of the purchase he was a sub-tenant under one Sampatraj, the original tenant of the owner cf the house. The 1st respondent he cin Mahadevmal Dularam was also another sub-tenant of Sampatraj.

(3.) In R. C. No. 127/70 on the file of the Rent Controller. Secunde- rabad the positioner herein claimed eviction of Sampatraj the original tenant 0n, the grourd that he is the land lord cf the building and that Sampatraj was not residing in that building. On 3 -10-70 an exparte order for eviction was passed directing delivery of the property to him by 1-12-70.