CHANDRAKALA Vs. K. SHANTHA

JUDGEMENT

(1.) This Revision is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 challenging the order dt.27.06.2017 of the Chief Judge, City Small Causes Court, Hyderabad confirming the order dt.10.04.2013 in RC No.88 of 2010 of the Principal Rent Controller Hyderabad.

(2.) Respondent filed the above said RC against the petitioner alleging that petitioner is her tenant in respect of the RC schedule property bearing Municipal No.1-9- 10/A/4 situated at Madibavi basthi, Ramnagar, Hyderabad; that the tenancy is an oral tenancy and it commenced on 01.06.2009; that monthly rent payable by the petitioner is Rs.1,000/-; and that the petitioner had committed willful default in payment of rent to her. She alleged that she gave a legal notice dt.27.08.2009 to the petitioner to vacate the premises but she did not do so.

(3.) Counter affidavit was filed by the petitioner opposing the RC and disputing the title of the respondent over the said property. It was specifically contended that there is no jural relationship of landlady and tenant between the parties and the petitioner never entered into any tenancy with the respondent much less on 01.06.2009. It was contended that in the absence of tenancy, and in the absence of jural relationship of landlady and tenant between the respondent and petitioner, the question of payment of rents would not arise. It was contended that denial of title of the respondent by the petitioner is bonafide.