D A DAVID Vs. ALLE CHINNA MALLAIAH

JUDGEMENT

(1.) The petitioner raises an objection in the execution regarding the jurisdiction of the Court to pass a decree in O.S.No.2 of 1983 on the file of the District Munsif, Andole at Jogipet, Medak district. His contention is that Andole is a Municipality by exercising power under Section 2(b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act XV of 1961 (in short the Act) extending the provisions of the Act to Andole, therefore the civil court is devoid of jurisdiction to pass decree; the only competent court is the Rent Controller appointed and in this case the decree is passed by the civil court thereby the decree is void, inexecutable and without jurisdiction. The. executing court dismissed the application against which this revision is filed.

(2.) The contention of the learned counsel for the petitioner is that the lower court failed to see that the Government have already issued Notification in exercise of power under Section 2(iv) of the Act to each area to exercise powers thereunder., The Revenue Divisional Officer, Medak was constituted as Rent Controller for the Municipality of Andole; therefore the Rent Controller constituted under the Act would be the authority. No doubt in the Notification dated 31-1-1961 Andole was declared to be a Municipality and the Revenue Divisional Officer, Medak was appointed as Rent Controller under the Act. Thereafter Andole has been denotified and declared as Gram Panchayat, under Section 3 of the A.P. Gram Panchayat Act, 1964. Therefore Andole no longer continues to be a Municipality attracting Sec.2(b) of the Act.

(3.) Section l(2)(c) of the Act postulates thus: