SARMA SPORTS AND ORS. Vs. GOVINDARAJU JAYANTH

JUDGEMENT

(1.) This Civil Revision Petition, under Section 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short 'the Rent Control Act'), is filed challenging the order dated 27.10.2015 passed in RCA No. 6 of 2010 on the file of the Rent Control Appellate Authority-cum-Principal Senior Civil Judge, Guntur wherein and whereby the order dated 03.11.2009 passed in RCC No. 8 of 2009 on the file of the Rent Controller-cum-Principal Junior Civil Judge, Guntur, was set aside.

(2.) The facts which are relevant for disposal of this Civil Revision Petition are as follows:

(3.) The contention of the learned counsel for the petitioners is three fold:- (1) The finding recorded by the Rent Control Appellate Authority that the petitioners committed wilful default in payment of fair rent as fixed by the Rent Controller is not sustainable either on facts or in law as the petitioners challenged that order of the Rent Controller by filing an appeal and a revision, (2) the finding of the Rent Controller that the remedy available to the respondent is to file E.P., is legally sustainable and that aspect was not considered by the Rent Control Appellate Authority in right perspective, and (3) the finding of the Rent Control Appellate Authority that the respondent is entitled to file a petition under Section 10(1) of the Rent Control Act is legally unsustainable.