AVULAPALLE MALIKARJUNA Vs. N T CHENGALARAYAPPA

JUDGEMENT

(1.) The petitioners filed R.C.C.No.5 of 1997 before the learned Rent Controller-cum-Principal Junior Civil Judge. Punganur, against the respondent for eviction from the schedule premises. It was pleaded that in a family partition, which took place in the year 1994, the suit property fell to the share of one, Mr. Base Gowdu, the husband of the 1st petitioner and father of petitioners 2 to 5. It was stated that after the death of Base Gowdu, the petitioners have become the absolute owners. The property is said to have been leased out to the respondent on a monthly rent of Rs.150/-. It was alleged that though the rent was paid regularly up to June, 1994, the respondent stopped payment of rent thereafter. Bona fide requirement of premises was also pleaded.

(2.) The respondent opposed the case, by stating that Base Gowdu and his brothers sold the schedule property, orally, for a sum of Rs.6,500/-. In his favour, about 22 years ago, and that possession was delivered. He is said to have incurred expenditure for renovating and repairing the premises. Reference is made to exchange of notices for specific performance of the agreement of sale. Through its order dated 30-08-2004, the trial Court allowed the RCC.

(3.) The respondent filed R.C.A.No.1 of 2004 in the Court of Senior Civil Judge, Punganur. The appeal was allowed on 30-08-2005, and the order passed by the Rent Controller was set aside. Hence this revision.