VINOD KUMAR Vs. RAVINDERNATH

JUDGEMENT

(1.) The question for consideration involved in these revisions is in respect of G.O. Ms. No. 4, dated 3-1-1966, published in A.P. Gazette extraordinary dated 5-1-1966. The question is, as to whether this G.O. is applicable to the Courts that were in existence on the date when the G.O. came into force, or whether it would apply to the courts which came into existence or established after the G.O. was notified. In view of the importance of the question, the revisions are referred to a Bench, for consideration. These cases coming on for further hearing before the Bench the court deliverd the following judgment: JUDGMENT (Judgment of the Bench delivered by Ramachandra Raju, J.)

(2.) These eight revisions filed under Sec. 22 of the A.P. Buildings (Lease, Rent & Eviction ) Control Act, 1960 (hereinafter called 'the Act') involve common questions and arise out of the individual judgments dated 29-10-1983 of the Pri. Subordinate Judge, Vijayawada, the Appellate Authority under the Act, in R C. A. Nos. 117, 118, 119 and 120 of 1982 and Cross Objections filed in each of those appeals. The Land Lord is common but the four tenants are different. For purpose of convenience, the parties are referred to in the respect of the judgment as landlord and tenant.

(3.) The aforesaid four appeals and the Cross Objections before the Appellate Authority were directed against the eviction ordered or rejected on 31-8-1982 by the Rent Controller, Jaggayyapet, in R.C.C Nos. 3, 4, 5 and 6 of 1982 on his file which eviction petitions were earlier filed before the Rent Controller, Vijayawada; as R.C.C. Nos. 50, 51, 55 and 56 of 1980 and were transferred to the Rent Controller, Jaggayyapet, on applications filed before the Appellate Authority, seeking such transfer. The District Munsif's Court Jaggayyapet, was constituted by virtue of G.O. Ms. No. 481, Home (CourtsA) Department, dated 29-3-1976. The Rent Controller, Jaggayyapet, ordered eviction of the individual tenants on the ground of alleged wilful default in the payment of rents in R.C.C. Nos. 3, 5 and 6 of 1982. R. C. C. No 4/82 was, however, dismissed as wilful default was found against. The Appellate Authority while upholding those findings, howver, dismimissed the eviction petitions on the ground that the District Munsif, Jaggayyapet cannot exercise the powers of a Rent Controller unless he is appointed as Rent Controller by notification under Sec. 2 (iv) of the Act and G.O. Ms. No. 4, dated 3-1-1966 published in the A.P. Gazette, dated 5-1-1966 would apply only to courts of District Munsiffs which were in existence on the date the said notification came into forced but not to the courts of District Munsiffs which came into existence subsequent to the date of the said notification.