GULAM HUSSAIN HYDERI Vs. M GOPAL SWAMY

JUDGEMENT

(1.) The following substantial questions of law are raised in these two appeals:

(2.) The defendant resisted the suit alleging among other things, that he bad taken the premises on lease on 1st August, 1957 itself, and it was not correct to state that the construction was completed only on 1st January, 1958. Therefore, he contended that the civil Court had no jurisdiction to try the suit.

(3.) The learned 4th Assistant Judge held that the drainage connection to the building was completed after 5th November, 1957 and thereafter the flooring was done and, therefore, the suit building was constructed only after the 26th August, 1957, and consequently, the provisions of the Andhra Pradesh Buildings (Lease, Rent and Eviction). Control Act, do not apply. He, therefore, held that the civil court had jurisdiction to try the suit and ultimately he decreed the suit. He also held that the tenancy commenced only after 1st December, 1957. Questioning that decree, the defendant filed an appeal in the Court of the Additional Chief Judge, City Civil Court, Hyderabad. On a consideration of the evidence on record, the learned Judge also held that the building was constructed only after 26th August, 1957, and therefore, the Rent Control Act was not attracted. He dismissed the appeal.