NAJIBUNNISSA BEGUM Vs. DIRECTOR DOORDARSHAN KEADRA

JUDGEMENT

(1.) This revision petition is filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, to revise the order of the Appellate Authority i e , the Chief Judge, City Small Causes Court, Hyderabad dated 21-4-87 made in R A No 205 of 1980.

(2.) The facts are : the building bearing No 6-3-1089, 'Vazi Manzar' situated at Raj Bhavan Road, Somajiguda, Hyderabad, was requisitioned by the Accommodation Controller under Section 3 of the Act by his order dated 2-3-73. The rent was fixed originally at Rs. 2,600/- per month. On an application by the petitioner for fixation of fair rent in the year 1979, the rent was enhanced to Rs 4,500/-. On appeal it was enhanced to Rs 4,900/-. Dissatisfied with the said fixation, the petitioner earlier filed C R P No 1617 of 1983 and this Court by its order dated 19th August, 1986, remanded the matter to the lower appellate Court for reconsideration afresh for fixing the fair rent in the light of G O Ms No. 1302 date 18-5-66, The lower appellate Court by the order under appeal considered the case in the light of G O Ms No. 1302 aad the directions given by the High Court in the above revision petition and ultimately came to the conclusion that Rs 7,500/- per month would be the reasonable rent for the said building. The lower appellate Court also held tha the petitioner is entitled to the enhanced rent with effect from 4-1-79 i. e. from the date of application by the petitioner.

(3.) In this revision petition, the contention of the learned counsel for the petitioner, Mr V B Sahgal is two fold. Firstly he contended that as per the expert opinion given by one Hasan AH, a Registered Valuer, the petitioner is entitled to Rs. 18,000/- per month and the valuation that has been fixed by the lower appellate Court is not in consonance with the conditions stipulated in G O Ms No. 1302 dated 18th May 1966. Secondly, he contended that the fixation of fair rent must be from the date of the commencement of the tenancy i.e. 2-3-73, but on an erroneous view of the matter, the lower appellate Court fixed the rent from 4-1-79, the date of application by the petitioner for fixation of fair rent.