M A SALAM Vs. S SIDDAMMA

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 19-08-2006 passed in E.A.No.30 of 2004 in E.P.No.8 of 2004 in R.C. No.78 of 2004 by the I Additional Rent Controller, Hyderabad in allowing the claim petition of the respondents 1 to 3 herein filed under Rule 23(7) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Rules, 1961 (for short the Rules) read with Order 21 Rules 97 to 101 of the Code of Civil Procedure, 1908, in directing the petitioners herein to redeliver the petition schedule property in favour of the respondents 1 to 3 herein. The fourth respondent herein is the third respondent in the claim petition.

(2.) The brief facts of the case are as follows:

(3.) Aggrieved by the said action the respondents 1 to 3 herein filed E.A.No.30 of 2004 in E.P.No.8 of 2004 stating that the first respondent is the mother of the third respondent and mother-in-law of the second respondent and that all of them were carrying on the business of selling Dairy Products and selling of Fodder for cattle, which is a joint family business being conducted under the name and style as "S.R. KUTTY SHOP AND DAIRY FARM" in premises No.9-4-130 and 9-4-131, Akbar Bagh, Toli Chowki, Hyderabad, which is within the municipal limits of Hyderabad. The total extent of the property in their occupation i.e. 463 sq. yards was bounded on the East by premises No.9-4-131/5, West by House No.9-4-130/2, North by road and South by open space. It is stated that they are in occupation of the said premises since 1987 and in proof of the same, property tax receipts, electricity bills, photos and negatives of 1991, Trade license standing in the name of the second respondent herein have been filed in O.S.No.5088 of 2001 pending on the file of the XIV Junior Civil Judge/ll Additional Rent Controller, City Civil Court, Hyderabad. Originally the said property belonged to K. Ganga Reddy, who sold the property to the first respondent herein in the agreement which took place on 30-08-2001 to an extent of 200 sq. yards though the respondents were in possession of entire 463 sq. yards. To prove their possession it is stated that they have filed electricity demand notices, tax receipts etc. It is stated that, in fact, the Municipal Corporation of Hyderabad also issued trade licence to run the business of "KUTTY SHOP AND DAIRY FARM" under the name and style as "S.R. Jutty Shop and Dairy Farm". The original property tax payment receipts for the year 2002-03 and 2003-04 have been filed.