LAWS(APH)-2017-2-3

MOHAMMAD ABDUL RAHEEM Vs. KAVURI SARATH RAJ

Decided On February 14, 2017
Mohammad Abdul Raheem Appellant
V/S
Kavuri Sarath Raj Respondents

JUDGEMENT

(1.) This revision has been filed by petitioner challenging the order and decree dated 30.11.2013 passed in RCC No.5 of 2009 on the file of Rent Controller-cum-Principal Junior Civil Judge, Tenali.

(2.) The brief facts of the case are that the respondents herein filed a petition in RCC No.5 of 2009 against the petitioner herein under Section 10 (2)(i)(ii)(b) and Section 3(a)(i)(a) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 for eviction of the petitioner from the schedule premises and to deliver the vacant possession to the respondents with costs. The said petition was allowed with costs by directing the petitioner to vacate the schedule premises within two months from the date of the order. Failing which, the respondents are at liberty to evict the petitioner as per law contemplated. The advocate fee also fixed at Rs.2,000/-.

(3.) However, the respondents preferred RCA No.2 of 2014 filed under Section 20 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 against the order and decree dated 30.11.2013 passed in RCC No.5 of 2009 by the Rent controller-cum-Principal Junior Civil Judge, Tenali, to set aside the findings dated 30.11.2013 in RCC No.5 of 2009 in respect of (a) wilful default aspect; (b) towards costs. The said RCC was allowed directing the petitioner to vacate the schedule premises within two months from the date of the order on the ground of wilful default in payment of rent.