LAWS(APH)-2016-9-47

MAHENDER KUMAR GANDHI S/O LATE GULABCHAND GANDHI R/O FLAT NO. 201, H.NO.4 Vs. BINDESH KAMDAR S/O LATE RAMESH KUMAR 3

Decided On September 30, 2016
Mahender Kumar Gandhi S/O Late Gulabchand Gandhi R/O Flat No. 201, H.No.4 Appellant
V/S
Bindesh Kamdar S/O Late Ramesh Kumar 3 Respondents

JUDGEMENT

(1.) The landlord before the Rent Controller filed both the civil revision petitions challenging the order passed by the Additional Chief Judge, City Small Causes Court, Hyderabad in R.A.No.253 of 2014 and Cross Objections vide S.R.No.212 of 2015, whereby, the Additional Chief Judge, City Small Causes Court, Hyderabad, dismissed the petition filed under Section 4 of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short hereinafter referred to as 'A.P. Act, 1960'), and rejected the cross objections in the rent appeal.

(2.) For convenience of reference, the ranks given to the parties before the Rent Controller in R.C.No.494 OF 2011 will be adopted throughout the order.

(3.) The landlord filed petition before the Rent Controller under Section 4 of the Rent Control Act for fixation of fair rent for the petition schedule mulgi bearing No.3-4-1069 which is situated opposite to Kacheguda Railway Station, Hyderabad. It is the case that the premises was originally given on lease to the father of the tenant and after his death, the tenant continued the tenancy the rent which the tenant along with his mother used to pay earlier was Rs.75/- per month and in the year 2004 a petition for fair rent fixation was filed vide R.C.No.372 of 2004 on the file of III Additional Rent Controller, Hyderabad and on merits, the fair rent for the petition schedule mulgi was fixed at the rate of Rs.1,000/- per month and aggrieved by fair rent fixation order the tenant and his mother preferred an appeal vide R.A.No.208 of 2006 and the said appeal was dismissed, confirming the order passed by the Rent Controller. Since then, the tenant was paying the rent at the rate of Rs.1,000/- per month, exclusive of electricity charges and municipal charges, which is not fair, in view of the present circumstances, like increase in price, standard of living and price index.