YADAMMA Vs. K MALLESH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30-1-1987 in A. S. No. 29 of 1986 on the file of the first Additional Special Judge for SPE and ACB Cascs-cum-Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The appellants are the plaintiffs who filed a suit -- O. S. No. 2166 of 1983 -- for eviction of the respondent from the suit premises bearing No. 2-2-1132/6, New Nallakunta, Hyderabad. The appellants sought a further direction to deliver the possession of the same to them and also a further direction for payment of arrears of rent of Rs. 500,00 with interest from the date of the suit till the date of realisation and past and future damages.

(3.) The suit was contested by the respondent herein refuting the allegations, mainly on the ground that the suit for eviction is not maintainable in the Civil Court in terms of the decision of the Supreme Court in Motor General Traders v. State of Andhra Pradesh, AIR 1984 SC page 121. It was pressed into service on behalf of the respondent herein who figured as defendant in the suit, that Section 32 (b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (15 of 1960), hereinafter referred to as 'the Act' was struck down from the purview of the Act and in view of the striking down of Section 32 (b) it is the rent control Courts alone have the jurisdiction to entertain the proceedings. The second ground taken on behalf of the respondent was that a notice as contemplated under Section 106 of the Transfer of Property Act, hereinafter referred as 'the T.P. Act' was not issued and, therefore, it was urged on behalf of the respondent, that the suit has to be dismissed on this ground.