DILIP KUMAR JAIN Vs. SUNITA SURVE

JUDGEMENT

(1.) This Civil Revision Petition is filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, the 'Act') challenging the order dt.04.01.2019 passed in Rent Control Appeal No.54 of 2017 of the Additional Chief Judge, City Small Causes Court, Hyderabad, confirming the order dt.07.01.2017 passed R.C.No.192 of 2013 of the III Additional Rent Controller, City Small Causes Court, Hyderabad.

(2.) The respondents herein filed R.C.No.192 of 2013 before the III Additional Rent Controller, City Small Causes Court, Hyderabad for eviction of petitioner herein alleging that they are owners of the R.C. Schedule property; that petitioner is a tenant of a portion of the R.C. Schedule property on a rent of Rs.1000/- p.m. exclusive of water and electricity charges, payable on or before 5th of every month; that the vendor of respondents informed the petitioner about the attornment of tenancy vide Letter of Attornment dt.01.03.2013 asking the petitioner to pay rents to respondents from 01.03.2013 which was received by petitioner; and that the petitioner failed to pay rents from 01.03.2013 to June, 2013. It is also contended that the respondents required the R.C. Schedule premises for their bona fide occupation.

(3.) The petitioner filed his counter-affidavit opposing the grant of relief to respondents. He contended that the respondents had suppressed the fact that petitioner had purchased the R.C. Schedule premises and he had filed O.S.No.308 of 2013 before the X Additional Chief Judge, City Civil Court, Hyderabad, which is pending for disposal. He denied that the respondents purchased the R.C. Schedule property under the registered sale deed dt.01.03.2013, and contended that the said sale deed was fabricated. He also stated that he paid advance of Rs.1 lakh to the original owner, viz., Krishna Rao Mulajkar. He also contended that since he did not pay total consideration, he is paying rent of Rs.1,000/- p.m. and that he had deposited the rents up to November, 2013 in the Bank account of Krishna Rao Mulajkar.