SHARFUDDIN KHAN Vs. RADHA
LAWS(APH)-1972-12-14
HIGH COURT OF ANDHRA PRADESH
Decided on December 01,1972

SHARFUDDIN KHAN Appellant
VERSUS
RADHA Respondents

JUDGEMENT

- (1.) These civil revision petitions under Section 22 of the Andhra Pradesh Buildings (Lease, Kent and Eviction) Control Act (15 of 1960) (hereinafter referred to as the 'Act') by the landlord give rise to a short question of law relating to the maintainability of his applications under Section 11 of the Act for directing the tenants to deposit arrears of rent pending appeals preferred by the tenants against the orders of eviction and by the landlord against the orders dismissing his applications to evict the tenants, passed by the Additional Rent Controller, Hyderabad City under Section 10 of the Act.
(2.) C.R.P. Nos. 551 and 555 of 1972 arise out of the dismissal of the applications by the landlord pending appeals preferred by him questioning the validity of the orders of the Rent Controller dismissing his applications for eviction. In all other C.K.Ps. the landlord had succeeded in obtaining orders of eviction against the tenants and the appeals have been preferred by the tenants. Hence, these two sets of revision petitions will be disposed of separately as different consi derations arise in each set of the cases.
(3.) We shall first advert to C.R.P. Nos. 545 to 548, 552 to 554, 556 and 558 of 1972. The facts in all these C.K.Fs. being common, it is sufficient if the facts in C.R.P. No. 545 of 1972 are stated. The petitioner herein, Mot d. Sharfuddin Khan preferred applications under Section 10 of the Act against the several tenants occupying the premises owned by him, i.e. the building bearing municipal No. 5-8-457 to 5-8-487 situate at Chirag Ali Lane in Hyderabad, for eviction on the ground that each of the tenants committed wilful default in paying the agreed rent of Rs. 125 per month from July, 1961 onwards to the end of November 1965. The petitioner a Conservator of Forests, intends to demolish the building and construct a new building and the eviction of the tenants from the premises was also sought on that ground.;


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