SALLA VENKAMMA Vs. SAINAYGARI GANGAJI

JUDGEMENT

(1.) This appeal is by the representative of the plaintiff, whose plaint has been rejected by the trial court and the appeal against the aforesaid order dismissed by the lower appellate court.

(2.) The plaint alleges that the house from which the plaintiff is directed by the Rent Controller to be ejected was purchased by her under a sale deed of Farwardi 25, 1342F. (February 26, 1933); that defendant No. 1 to the suit got an eviction order ex-parte from the Rent Controller; that she came to know about it when on February 26, 1951, the order in execution proceedings was served on her; that the order of the Rent Controller cannot affect her title; and, therefore, a declaration be given that the eviction order of December 12, 1950, is of no avail, that she is the owner of the house, and that the defendants be restrained from evicting her.

(3.) The two lower courts in rejecting the plaint have apparently relied on Section 20 (4) of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, XX of 1954, which runs as follows:-