SURESH GIR Vs. K SAHADEV

JUDGEMENT

(1.) This revision petition is directed against the order dated 6-9-1993 passed by the Chief Judge, City Small Causes Court, Hyderabad in R. A. No. 235 of 1993 confirming the order dated 29-3-1993 passed by the III Additional Rent Controller, Hyderabad in R. C. No. 773 ofl991.

(2.) Before the Rent Controller, in R.C. No. 773/-1993 an application under Section4 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the A.P. Rent Control Act') was filed by the respondent-landlord seeking fixation of fair-rent for the demised premises. The matter was contested by the petitioner-tenant on the ground that this Court in the decision in Md. Ataur Rahman Khan v. Md. Kamaluddin Ahmed, 1987 (1) ALT 216 held that Section 4 of the A.P. Rent Control Act is opposed to Article 14 of the Constitution of India and was, therefore, held as unconstitutional. In view of the said decision, it was contended that the application under Section 4 is not maintainable inasmuch as the very provision itself has been struck down in the decision referred to above.

(3.) The learned Rent Controller felt that though Section 4 of the A.P. Rent Control Act was declared unconstitutional, the Rent Controller has jurisdiction to determine the fair-rent taking into account the existing circumstances of the case as observed by this Court while remitting the matter in the above decision to the Rent controller for determining the rent. Therefore, in view of such remittal, the Rent Controller held that he has power to determine the fair rent.