SHAMSUNNISA Vs. PENUGONDA VENKATA SUBBAMMA DIED

JUDGEMENT

(1.) these revision petitions at the instance of the landlord arise under the rent control act. The landlord filed a petition for eviction of the shop situated in guntur on the ground of wilful default and bona fide requirement. The rent controller held that there is wilful default. The appellate authority reversed the said order and held that there is no wilful default and as against this order c.r.p. No. 2606/1983 is filed. The primary authority as well as appellate court held that bona fide requirement is not made out and c.r.p. No. 2607/1983 is concerned with these orders.

(2.) during the pendency of the revision petitions the sole tenant died and the 2nd respondent is impleaded as legal representative being the legatee under the will executed by the deceased tenant.

(3.) the learned counsel for the petitioner contended that the legatee under the will cannot be considered as a tenant under the rent control act and on the death of the 1st respondent the tenancy has come to an end and there is no relationship of landlord and tenant in so far as the 2nd respondent is concerned. The learned counsel for the respondent contends that the legatee under the will inherits the rights of tenancy and as such he should be considered as a statutory tenant entitled to resist the proceedings for eviction.