MOHD IBRAHIM Vs. MOHD AZAM

JUDGEMENT

(1.) The respondent herein filed R.C.No.111 of 1994 before the IV Additional Rent Controller, Hyderabad under Sec. 10 (2) (i) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (for short 'the Act') against the petitioner seeking eviction from the premises bearing No.21 -1 -78, situated at Delhi Darwaza, Hyderabad. The respondent pleaded that he became the owner of the property through a sale deed dated 27-5-1989 and his vendor, in turn, purchased the property under a sale deed dated 20-8-1988 from the legal representatives of the original owner by name Syed Ali Jaffer. He pleaded that the petitioner was the tenant in respect of the premises for a long time and having paid the rents up to September 1992, he stopped the payment of rents.

(2.) The petitioner resisted the R.C. According to him, the respondent is not the owner of the premises and not entitled to seek eviction. It was pleaded that during the life time of the father of the petitioner, he used to pay the rent at the rate of Rs.20/- p.m., to the agent of the original owner Syed Ali Jaffer, till 17-1-1980 and thereafter, no one claimed the rents for it. He stated that he acquired prescriptive title over the premises and that the sale deeds through which the respondent is said to have acquired the title are not valid in law. He contended that his father acquired the property through an agreement of sale in the year 1955. Reference was made to certain proceedings as well as O.S.No.6642 of 1991 filed by him against the respondent for the relief of injunction.

(3.) The Rent Controller dismissed the R.C., through its Judgment dated 8-5-1997 holding that there is a bona fide denial of title by the petitioner herein.