S PRAKASHA RAO Vs. GANGA BAI

JUDGEMENT

(1.) A short and interesting question is raised in this Second Appeal i.e., whether the Civil Court can grant a bare declaration that the defendants are only sub-tenants leaving the parties for the relief of eviction to the Special Tribunals constituted under A.P. Buldings (Lease, Rent and Eviction) Control Act, 15 of 1960 (hereinafter called the Act'.)

(2.) The case arose this way. The plaintiff filed impleading two of his tenants the present suit out of which this appeal arose tor perpetual injunction restraining them from subletting all or any portion of the mulgi-bearing Municipal No. 15-2-280, Maharaj Gunj, Hyderabad. Defendants 1 and 2 are tenants. The 1st defendant died and his legal representatives were added as defendants 3 to 8. The suit is filed on 17-4-1976 for an injunction restraining the defendants from letting the property to the tenants. In fact the plaintiff filed an application for eviction on 20-7-1976 against these defendants before the Special Tribunals under the above Act on the ground that they are guilty of subletting.

(3.) Written Statement was filed on 21-10-76 denying subletting but contending they entered into a partnership and they are carrying on a joint business with the third parties but not a case of subletting.