M V KRISHNA Vs. GOSULA SUDHA MADHURI

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred by the petitioner/tenant against the common order and decree, dated 16-11-2005, in R. C. A. No. 4 of 2002 (along with R. C. A. Nos. 2, 3, 5 and 6 of 2002), passed by the Senior Civil Judge, Kadapa, (for brevity "the lower appellate Court"), dismissing the appeal filed by the petitioner/tenant against the common order and decree, dated 28-6-2002, in R. C. C. No. 2 of 1999, passed by the Principal Junior Civil Judge, Kadapa (for brevity "the trial Court" ).

(2.) FOR the sake of convenience, in this order, the parties are referred to as "the tenant" and "the landlords".

(3.) THE brief facts as they appear on record are that one late G. Ranga Reddy was the original owner of the scheduled premises. He was survived by a son Sri G. Pratap Reddy and two daughters. The present tenant and the other tenants in the batch of cases referred to above were all tenants, who were paying the rents to the said landlords. Sri G. Pratap Reddy had entered into an agreement of sale in favour of one Sri P. Chandrasekhar Reddy on 03-04-1998 and delivered possession to the said P. Chandrasekhar Reddy on the same day itself making it further clear that he had attorned all the tenants to the said agreement holder. Later, Sri G. Pratap Reddy died and his legal heirs, who are the landlords in this batch of cases, seem to be disputing the said agreement of sale and the rights of Sri P. Chandrasekhar Reddy. This has resulted in filing of a suit for specific performance by the said agreement holder Sri P. Chandrasekhar Reddy, which is said to be pending. Meanwhile, the landlords herein filed eviction cases referred to above against each of the tenants, primarily on the ground of wilful default, and as mentioned above, so far as the tenant herein is concerned, the eviction order passed by the trial Court was confirmed by the lower appellate Court under the impugned order.