AVISA VIJAYA BABU Vs. PADELLA VENKATA SUBBA REDDY

JUDGEMENT

(1.) In all these Civil Revision Petitions filed by the tenants the landlord is the same person. The facts of these cases and the questions to be considered are also substantially similar. Therefore, all these Civil Revision Petitions are clubbed and heard together.

(2.) The eviction petition filed by the respondent landlord seeking eviction of the petitioners-tenants on the grounds of willful default in the matter of payment of agreed rents and bona fide requirements. In the counter filed by the tenants-petitioners to the eviction petition a contention was raised that there was no relationship of landlord and tenant between the respondent and the petitioners. This contention was considered by the learned appellate judge in para 14 of the judgment. The learned appellate judge has referred to the pleading of the tenants themselves in O.S.No. 120/1986,119/1986,122/1986, 121 /1986 and 124/1986 on the file of the Court of the District Munsif, Kovur in which the petitioners specifically pleaded that the predecessor in title of the respondent, namely, Smt. Boyamma leased the plaint schedule property, that is to say, the petition schedule property orally in favour of the petitioners tenants. It is not the case of the petitioners that the tenancy created by Smt. Boyamma was terminated by any mode known to the law during the life time of Boyamma. She is stated died in the year 1985. If that is so, the status acquired by the petitioners as lessess of the petition schedule premises continued to be as such on the date of the death of Boyamma. The respondent herein, being a legatee under the settlement deed executed by Boyamma, stepped into the shoes of the original landlady. Therefore, it cannot be said that there is no relationship of landlord and tenant.

(3.) I have perused the reasons given by the Courts below, and the finding recorded by them are based on acceptable materials and evidence.