HARI JEE BHOJ Vs. M A JALEEL

JUDGEMENT

(1.) This is a revision petition filed against an order in appeal passed by the Chief Judge, City Small Cause Court, Hyderabad on 22nd February, 1966. It arises in the following circumstances. The respondent styling himself as one of the two co-sub-tenants filed an application under sections 14 and 8 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter called "the Act" alleging inter alia that the respondent therein is the principal tenant of a portion of premises bearing No. 61, Mahatma Gandhi Road, Secunderabad, and that the said tenant sublet one mulgi bearing No. 61/5 situate at Mahatma Gandhi Road, Secundarabad to the petitioner and one Mohd. Mehtab in or about July, 1957. The petitioner was carrying on vulcanising business while Mohd. Mehtab was carrying on cycle business.

(2.) Both of them were paying Rs. 25 per month towards the rent to the respondent. Mehtab vacated on 12th June, 1964. The petitioner however continued to occupy the said mulgi as the sole sub-tenant of the respondent on a monthly rent of Rs. 25. It was further alleged;

(3.) On these facts it was his contention that the respondent has withheld the amenity of free ingress and egress from the said mulgi in which the petitioner was a sub-tenant. The petitioner is entitled to the said amenity. He further stated that the respondent had evaded and refused to receive rents for the months of June and July, 1964 when tendered personally and sent through M.O. The petitioner therefore sent a notice on 5th August, 1964 to the respondent to which the respondent gave a reply on 16th August, 1964. In these circumstances, he prayed for the following two reliefs.