SRIKANTH NEEMKAR Vs. G YELLOJI RAO

JUDGEMENT

(1.) This Second Appeal arises out of the suit for possession filed by the plaintiff against the defendant. The material facts of the case, briefly stated, are as under: One M. Satyanarayana was the owner of the suit property. He agreed to sell it to the plaintiff. That agreement led to the suit for specific performance by the plaintiff against the said Satyanaryana. The litigation went right upto the Supreme Court and ultimately a decree for specific performance was passed in favour of the plaintiff. The Supreme Court rendered its decision on 7-8-1965.

(2.) One Tuljaram Neemkar was the original tenant of the suit premises. The defendant who is his cousin took over from him the business which was run in the suit premises and continued it there. The plaintiff recognised him as his tenant. In 1968 the plaintiff filed eviction petition against the defendant before the Rent Controller. It was R.C.97 of '68. There was a compromise between the parties in that eviction petition and the defendant continued to be in possession of the suit premises. The present suit, O.S. 1474/73, has been filed by the plaintiff against the defendant for eviction on the ground that the defendant has been the trespasser. The plaintiff has made his claim on the ground that when the suit premises had fallen vacant earlier, the vacancy was not notified to the Accommodation Controller and that without doing so the defendant was inducted into the premises The defendant was therefore inducted unlawfully into the suppressed vacancy and that therefore no tenancy rights accrued to him. The plaintiff's case was based upon Sec.3 of the A P. Buildings (Lease,Rent and Eviction) Control Act, 1960 (hereinafter referred to as the 'Rent Act' for the sake of brevity). The trial Court accepted the case advanced by the plaintiff and held that the defendant has been the trespasser. Decree for possession was therefore passed against him.

(3.) The defendant challenged that decree in an appeal which he filed in the Appellate Court. The Appellate Court confirmed the decree and dismissed the appeal.