R BABU DIED Vs. H K N AYYANGER

JUDGEMENT

(1.) This is an appeal preferred by a land-lord plaintiff being aggrieved by the judgment and decree passed by the Subordinate Judge, Asifabud dated 30-10-1987 passed in AS No.6 of 1985. By the impugned judgment and decree, the appellate Court set aside the judgment and decree of the trial Court i.e. District Munsifs Court, Sirpur dated 18-2-1985 in OS No.75 of 1983 and consequently dismissed the suit. Hence the plaintiff has come up in this appeal.

(2.) The learned Counsel appearing for the appellant strenuously contended that the appellate Court is in error in holding that the suit itself is not maintainable-He submitted that the suit is maintainable, since the property in question is situated outside the Municipal area. Therefore, the impugned judgment and decree are liable to be set aside

(3.) From a reading of the judgment and decree of the appellate Court, I find that the present appellate filed a suit for recovery of an amount of Rs.2,275.00 towards arrears of rent from 13-10-1980 to 12-9-1983 for 35 months and for mesne profits from 13-9-1983 at Rs. 100.00 per month and also for recovery of possession. The trial Court decreed the suit. But, the argument in the appellate Court was that the area where the suit property is situated is covered by the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (in short "Rent Control Act") and hence the suit would not be maintainable, whereas the contention of the plaintiff was that the Rent Control Act was not applicable to the suit schedule properly. But before the appellate Court, both parties submitted that the suit premises leased out to the defendant is situated within Sirpur area of Kagaznagar. It is stated that the Sirpur Paper Mills is situated in an area called Kagaznagar area and the Government notified the area in G.O. Ms. No.412, dated 21-5-1983 and published in A.P. Gazette Extraordinary No.203, dated 3-6-1983. That notification was issued under Section 3 of A.P. Municipalities Act, 1965 read with Section 389-A of the A.P. Municipalities Act, Section 389-A reads as under :