V G PADMA BAI Vs. R JAGANNADHA RAO

JUDGEMENT

(1.) AGGRIEVED by reversing order of learned Chief Judge, City Small causes Court, in R. A. No. 583 of 1993, dated 23. 12. 1996, Smt. V. G. Padma Bai and her three children filed present revision petition under Section 22 of Andhra Pradesh buildings (Lease, Rent and Eviction) Control act, 1960 ('the Act', for brevity ).

(2.) THE uncontroverted fact of the matter is that R. Jagannadha Rao is owner of residential premises bearing No. 7-1-178 situated at Moosakhan Bazar, Secunderabad. The same was let out to one C. S. Naidu on a monthly rent of Rs. 200/ -. First petitioner is daughter of C. S. Naidu. She statedly joined her father in tenanted premises after death of her husband Pattabhiram Naidu. After death of C. S. Naidu, petitioners filed r. C. No. 155 of 1990 under Section 8 (5) of the Act seeking permission to deposit rent in the Court. They alleged that landlord, jagannadha Rao, refused to accept rent in spite of petitioners continued to be tenants. Petition was opposed inter alia denying relationship of landlord and tenant. Enquiry was conducted wherein petitioners 2 and 3 were examined as witnesses and Exs. P1 to P3 were marked. Jagannadha Rao examined himself as DW. 1 and Ex. B1 demand notice was marked. Learned principal Rent Controller found justification for invoking Section 8 (5) of the Act and by order dated 30. 8. 1993 directed tenants to pay all the arrears of rent from 1. 3. 1990 and also to deposit monthly rent in the Court. On appeal before learned Chief Judge, City small Causes Court, it was contended that a widowed daughter is not a tenant within meaning of Section 2 (ix) of the Act The appeal was allowed as a result of which tenants' petition was dismissed.

(3.) IN the background of the case, only point which requires consideration is whether a daughter of tenant, who joined father after death of her husband, is tenant within the meaning of Section 2 (ix) of the Act, which reads as under: 2. (ix) 'tenant' means any person by whom or on whose account rent is payable for a building and includes the surviving spouse, or any son or daughter, of a deceased tenant who had been living with the tenant in the building as a member of tenant's family upto the death of the tenant and a person continuing in possession after the termination of the tenancy in his favour, but does not include a person placed in occupation of a building, by its tenant or a person to whom the collection of rents or fees in a public market, cart-stand or slaughter-house or of rents for shops has been framed out or leased out by a local authority.