N SOBHANADRI Vs. MOHAMMAD ABDUL BASHEER

JUDGEMENT

(1.) This revision petition involves the interpretation of the definition of the word "tenant" in S. 2 (ix) of the A. P. Buildings ( Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the Act). The question is whether a person who has been living with the tenant at the time of the tenants death can be said to be a member of the tenants family falling within the scope of the definition of the tenant in the Act.

(2.) The facts giving rise to this revision petition are these:- One N. V. Krishnamachari originally took the building in question of lease from one Srinivasa Karwankar the predecessor-in title of the respondents herein in the year 1935, He died unmarried on 14-3-1974. He was survived by his brothers Venkatachari father of the first petitioner, Seethapathi father of petitioners 2 to 4 and others. It is this case of the petitioners that they were living in the house in question along with their uncle Krishnamachari till his death as members of a joint Hindu family and therefore they had become the statutory tenants of the building after the death of Krishnamachari.

(3.) After the death of Krishnamachari the petitioners tendered rent due for Feb.1974 but the respondents refused to receive the same. Thereafter the rent was sent by money order. The money order was also refused. Once again rents due for the months of Feb. and March, 1977 were remitted in April 1974 by money order. It was also refused. The petitioners issued a registered notice on 22-4-1974 calling upon the respondents to specify the Bank with his account number in which the rents could be deposited by them. The petitioners received no reply. Therefore the petitioners filed an application before the Principal Rent Controller, Hyderabad under S. 3 (5) of the Act requesting the court to permit them to deposit rents accrued and also future rents in the court.