ANTHONY JOSEPH Vs. PARVATHI RAMMOHAN

JUDGEMENT

(1.) This is a revision application under Section 115 C.P.C. by the defendant in the suit seeking to revise the order of the trial court, dated 26th October, 1984 over-ruling his preliminary objection that the Court had no jurisdiction to entertain the suit.

(2.) The revision application was presented in this court on 6th February, 1985 and the plaintiff had also filed a caveat. After undergoing adjournments it was admitted only on 3rd July, 1985. The application of the petitioner (C.M.P. No. 1775/1985 for the stay of all further proceedings ia the suit came up for hearing. It was opposed by the plaintiff. As there was no interim order of stay the revision itself was heard at this stage.

(3.) The petitioner is a tenant of the respondent of a house property in Hyderabad. The respondent filed O.S. No. 173/82 on the file of the V Additional Judge, City Civil Court, Hyderabad, for eviction of the petitioner stating that the building was constructed in 1960, and in view of Section 32 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called the Rent Act) the said Act did not apply to it. The plaintiff's case is that the defendant was paying a sum of Rs. 1000/- towards rent for the building and a sum of Rs. 800/- for fixtures, furniture and amenities since April, 1978. According to her, the tenancy was determined by the issue of a notice under Section 106 of the Transfer of Property Act by the end of the month of January, 1982. As the defendant failed to deliver possession, she has claimed Rs. 3000/- per month as damages from that date. The suit itself was filed on 4th February, 1982.