J RAJESHWAR Vs. YEMPATI PRAMEELA DEVI

JUDGEMENT

(1.) The three revision petitioners arise in like circumstances under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, Act XV of 1960 (the Act). The learned counsel for the parties have argued the cases with reference to the relevant proceedings in C.R.P.No. 85 of 1979.

(2.) On July 21, 1977 in R.C.No. 4 of 1976 the Rent Controller at Warangal directed the tenant to vacate the premises. The landlord submitted E.P.No. 93 of 1978 on May, 27, 1978. This application, as it appears from the dates, was lodged beyond six months of the order on July 21, 1977. However in the impugned order the tenant was directed to deliver the possession of the premises to the landlord.

(3.) The learned counsel for the petitioner urged that the rules framed under the Act provide that if an order of eviction is not executed within six months from the date of the passing of the order, the order cannot in law be executed and relied on a decision of this court in Polisetty Ramaiah Setty vs. S. Narasimha Charyulu 1977(2) A.P.L.J. 321. In tha case the proviso to rule 23 of the rules does not appear to have been noticed.