BABIAMMAL R B Vs. W S SAVITHRI

JUDGEMENT

(1.) The petitioners herein were the respondents 1 and 2 in R.C.C.No. 7 of 1986 filed by the respondents herein in the Court of the Principal District Munsif- cum-Rent Controller, Tirupathi. The petitioners therein had filed eviction petition against the respondents therein for recovery of the petition schedule premises under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 mainly on two grounds. The first ground agitated by the petitioners therein that the respondents made the change of user of the petition schedule premises from residential to non-residential in breach of the lease agreement. The second point was raised by the pettiioners therein that the respondents therein committed default in payment of rent.

(2.) On presentation of Rent Control Case before the Rent Controller, the respondents therein were served with the notices. On their appearance they filed their counter and contended that the Rent Control Case in the present forum is not maintainable, that the Rent Controller had no jurisdiction to entertain the petition as the petition schedule premises were leased out for composite purposes. It was also denied by the respondents therein that they committed any default in payment of rent. It was further stated that they did not cause any waste to the property as alleged by the petitioners therein. With these averments, it was proved that the Rent Control Case be dismissed with costs.

(3.) It further appears from the recod that the Rent Controller recorded the evidence of P.Ws. 1 to 3 on behalf of the petitioners and the evidence of R.Ws. 1 and 2 on behalf of the respondents. The peitioners filed certain documents and they were marked as Exs.A-1 to A-5. The respondents filed certain documents and they were marked as Exs.B-1 to B-6 and on hearing both sides the learned Rent Controller allowed the petition with costs and the respondents therein were directed to vacate the petition schedule premises and to deliver vacant possession within a month from the date of the order.