UNION OF INDIA Vs. D BALAKRISHNA MURTHY

JUDGEMENT

(1.) The facts giving raise tc these two Civil Revision Petitions are, briefly stated, as follows:-

(2.) The suit premises are situated at Secunderabad and the Posts and Telegraphs Department of the Union of India have been occupying them as lessees at the monthly rent of Rs. 350/-. The R.M.S. Sorting Office of the Posts and Telegraphs Department is located therein The landlords filed the petition before the Rent Controller for evicting the Posts and Telegraphs Department on the ground that there was default in payment of rent for 19 months commencing from 1st January, 1966 and ending with 31st July, 1967. The petition was filed on 19th August, 1967. The department pleaded in defence that the 3rd respondent had written a letter to the Department in May, 1967. stating that the disputes had arisen between the respondents and that the rent should not be paid to any one of them. Therefore it was contended on behalf of the Department that the rent was not paid.

(3.) The Rent Controller, who heard the petition relied upon G.O.Ms. No. 487 dated 19th April, 1961 and G.O.Ms. No. 701 dated 9th August, 1967 and dismissed the petition by his order dated 31st August, 1968. The landlords appealed to the Court of Small Causes. By its order dated 16th January, 1970, the appeallate Court allowed the appeal on the ground that G.O.Ms.No. 701 dated 9th August, 1967 was published on 31st August, 1967 and that it came into effect from that date. The appellate Court also held that it did not affect a pending proceeding. The appellate Court set aside the order of the Rent Controller and remanded the case to him. C.R.P. No. 258 of 1975 has been directed against that appellate order.