M V SUBBARAO Vs. N KOTESWARA RAO

JUDGEMENT

(1.) This second appeal arises out of a suit for eviction of the appellant (1st defendant) and for recovery of possession filed by respondents 1 and 2 herein and the original owner, who died.

(2.) The suit - O.S. No.385/81 (on the file of the Principal District Munsif's Court, Addanki was filed by one Sri B.V. Raghavacharyulu. During the pendency of the suit, respondents 1 and 2 jointly purchased the suit building and hence they were impleaded as plaintiffs 2 and 3. Later, during the pendency of the appeal, the 1st plaintiff Sri Raghavacharyulu died.

(3.) The plaintiffs sought for eviction on the ground that the defendant- appellant committed breach of the terms of the lease agreement Ex. A-2 dated 7-4-1979 and despite expiry of the lease period of eleven months and the issuance of notice to vacate, the appellant failed to vacate the premises. It was held by the Courts below that Ex.B-3 agreement set up by the appellant according to which the lease period was three years, was not a genuine document and Ex.A-2 was valid and binding on the appellant. The Courts below also found that the suit building was constructed during the year 1975-76 and it was not governed by the provisions of the A.P. Buildings (Lease, Rent and Eviction) Control Act. In coming to that conclusion, the trial Court relied upon the exemption granted by G.O.Ms. No.636 dated 29-12-1983 and the judgment of a Division Bench of this Court in R.K. Gupta vs. Sartaj Karan. The lower Appellate Court however relied upon the judgment of this Court reported in Smt. Yadamma vs. K. Mallesh wherein it was held that the suits filed for eviction before Section 32(b) of the Rent Control Act was struck down, were maintainable in a Civil Court.