HARIRAO Vs. SUBBA LAKSHMAMMA

JUDGEMENT

(1.) This is a revision petition filed under S. 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960 hereinafter called the Act. The necessary facts, in order to appreciate tho contentions raised before me, arc that the respondent-landlord filed an application for eviction alleging inter alia that the petitioners were the tenants and had wilfully defaulted to pay the arrears of rent.

(2.) This petition was resisted by the tenants alleging that they were the owners of the property, that they executed a usufructuary mortgage deed and on the same day executed a rent deed and that the relationship of landlord and tenant did not exist between the parties as the rent note represented theintarest due on the mortgage to the mortgagee. They also contended that they were not wilful defaulters.

(3.) The Rent Controller after a proper enquiry held that the jural relationship of landlord and tenant existed between the parties. He also found that the tenants had wilfully defaulted in payment of rent and consequently eviction.