R ANJANEYULU Vs. R V RAMANAMMA

JUDGEMENT

(1.) The respondent in R.C.C.No. 3 of 1992 is the petitioner who suffered an order of eviction at the instance of respondents before the Rent Controller- cum-Principal District Musif, confirmed by the Subordinate Judge, Narasaraopet.

(2.) Respondent filed application under Section 10 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 - hereinafter called 'the Act' against the petitioner on grounds of default of payment of rent; causing damage to the premises; and also for personal requirement. It is the case of the respondents that the petition shedule premises originally belonging to one Rebba Ramanamma @ Ramulu. The said Ramanamma executed a registered settlement deed dated 1-4-1982 conveying vested remainder in the schedule property to the first respondent, her daughter and her son, Kondaiah, after her life time. Later Kondaiah conveyed his share to the second respondent under a registered sale deed dated 7-3-1992. As Ramanamma died in December, 1991, respondents became jointly entitled to the schedule property.

(3.) In the counter-affidavit, petitioner states that originally he took vacant site where there was only partly thatched and partly zinc shed, and set up Foundry business which is being carried on by him. Rebba Ramanamma was not the original owner. Yenugula Surayya was the original owner, who executed a settlement deed dated 22-4-1950 in favour of Rebba Ramanamma who is his kept mistress to be enjoyed by her during her life time and in case children are born to her, the property should be enjoyed by her along with her children with equal rights. After the death of Ramanamma second respondent collected a sum of Rs. 1,200/- representing four months rent from December, 1991. The second respondent alone is not entitled to collect the rent.