SATYANARAYANA Vs. JAGDISH

JUDGEMENT

(1.) This Revision petition is filed under Sec. 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act 15 of 1960 (hereinafter called the Act). The tenant is the petitioner. The respondent-landlord filed an application for eviction under Sec. 10 (2) (i) and (vi) and Sec. 10 (3) (b) (iii) for wilful default in payment of rent, for denial of title and for the bonafide requirement of the building for personal occupation of the landlord respectively. The application was resisted by the tenant contending that he paid the rent upto 16-10-1980 but not merely upto 31-3-1980 as contended by the landlord and the landlord is not the lessee of the building as represented by him and due to that false representation the application is not maintainable and the premises in question is not a building within the meaning of the Act as it is only an wooden bunk situated on a pial and the said Bunk was erected in 1977 and hence the Act has no application and it is also alternatively contended that the landlord being a lessee the sublease created by him is invalid and hence he cannot claim possession. His further contention is that the original owner has terminated the tenancy of the landlord and on that ground also the application is not maintainable.

(2.) On this contraversy the primary authority under the Act held that the premises in question is not a building within the meaning of the Act, and assuming that the bunk is a building within the meaning of the Act it is erected in the year 1977 and it is outside the purview of the Act, and the petition is also not maintainable as the landlord is not the lessee of the building and the tenancy in respect of this building was terminated by the original owner, and the tenant paid the rent upto 16-10-1980 and consequently dismissed the petition. On appeal by the landlord the appellate court hel d that the tenant is estopped from denying the title of the landlord as he executed the lease deed Ex. P.I and was put in possession of the property by the landlord and the premises in question is a building within the meaning of the Act and the same was constructed in the year 1971 and in view of the G.O. Ms. No. 630 dt. 29-12-83 the application is maintainable and the building is governed by the provisions of the Act and in view of the non-payment of rent and the denial of the title the tenancy is liable to be evicted and consequently ordered eviction as prayed for.

(3.) Against the said order the present revision is filed.