K. YOUSUF ALI Vs. NARSING RAJ AND ANOTHER

JUDGEMENT

(1.) This revision by the tenant under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (referred to hereinafter merely as the Act) is directed against the order of the Principal Rent Controller, Hyderabad dated 5-6-1973 in E.A. No. 13/73 in E.P. No. 17/73 in RC No. 373/69.

(2.) In R.C. No. 323/69, the landlord's eviction petition was ordered against the tenant who is the petitioner herein. That order of eviction was confirmed in appeal R.A. No. 460 of 1971. The landlord sold away the premises and the purchaser as well as the landlord filed E.P. in R.A. No. 460/71 seeking the eviction of the petitioner-tenant and that was ordered by the Court below. Aggrieved by that decision, the tenant filed the above revision petition.

(3.) The tenant contended that the landlord allotted the tenancy in favour of the purchaser of the premises by a letter dated 16-10-1972 asking him to pay the rent from 1-10-1972 to the purchaser and that it amounted to waiver of the rights by the landlord and, as such, the landlord as well as the purchaser are estopped from executing the eviction orders. E.P. No. 17/73 was filed by the decree-holder and the purchaser and the tenant filed E.A. No. 13/73 for the dismissal of E.P. No. 17/73.