PUROHIT LAKSHMANCHANDJI Vs. VHA VENKATA SREE RAMACHANDRA MURTY

JUDGEMENT

(1.) The respondent herein filed a suit against the appellant O.S. No. 1000/71, District Munsifs Court. Rajamundry, for eviction and recovery of possession of a building at Rajamundry. His case was that the defendant was his tenant and that plaintiff issued a notice on 24-9-1971 asking the defendant to quit the premises on or before 31-10-1971. As the building was constructed after 16-7-1957, the provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act will not apply. The defendant contended that the building was constructed before 1957 and hence the proper remedy of the plaintiff was to file an eviction petition under Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act and the suit was not maintainable. Even though the plaintiff had issued the notice to quit, he had accepted the rent from the date on 3-11-1971 and 3-12-1971 and subsequently. In these circumstances the said acceptance operated as waiver of the notice to quit.

(2.) The learned District Munsif held that the Building was constructed after 1957 and hence the Buildings (Lease, Rent and Eviction) Control Act was not applicable. The notice to quit was valid and proper and there was no waiver of the said notice by the plaintiff in accepting the rent and the defendant was liable to vacate the premises and give possession to the plaintiff.

(3.) On appeal the learned District Munsif affirmed the judgment and decree of the court below and dismissed the appeal with costs he also held that the suit building was constructed after 1957 and hence the Buildings (Lease, Rent and Eviction) Control Act was not applicable. He agreed with the trial court that the notice to quit was proper and there was no waiver of the notice to quit.