M.RAMA MURTHY Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Aggrieved by the Judgment (Award) dtd. 31/7/2012 (hereinafter will be referred as 'impugned judgment') in O.A.No.329 of 2010 (old No.80 of 2007 of D.C., Hyderabad) passed by the learned A.P. Endowments Tribunal at Hyderabad (hereinafter will be referred as "Tribunal"), the Opposite Parties filed the present Civil Miscellaneous Appeal to set aside the impugned judgment.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned Tribunal.

(3.) The brief facts of the case are that the first applicant i.e., the Assistant Commissioner of Endowments, Secunderabad has forwarded the proposals under Sec. 83 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter will be referred to as "the Act" for brevity) in RC No.C/2495/20096 dtd. 13/3/2007 submitted by the second applicant i.e., Executive Officer of Sri Ganesh Temple, Station Road, Secunderabad against the sole respondent, who is alleged to have encroached house bearing No.9/3/74, 75 and 76 situated in Regimental Bazar, Secunderabad, which is alleged to be belonging to second applicant. In the said proposal, it was submitted that the respondents are continuing in the schedule property after expiry of the lease period obtained by respondent No.1 (since died) without any right and without renewal or extension of lease. The respondent did not even consider the request for extending of lease for two more years from 1/9/1998 to 31/7/2000 with 30% enhancement of rent. The respondents are squatting there on converting the residential building into commercial shops and giving the same on sub lease despite demands to vacate and without even paying any amounts to the second applicant temple for use and occupation. The property is located in a busy locality and it will fetch huge amount if given on lease and thereby requested to take necessary action for an order removing the encroachment.