DEVATHI RAMACHANDRA RAO Vs. KELLA DHANALAKSHMI
LAWS(APH)-2019-6-2
HIGH COURT OF ANDHRA PRADESH
Decided on June 19,2019

Devathi Ramachandra Rao Appellant
VERSUS
Kella Dhanalakshmi Respondents

JUDGEMENT

T. Rajani, J. - (1.)This Civil Revision Petition is filed assailing the order dated 31.10.2018 passed by the Court of Principal Junior Civil Judge, Tenali returning the plaint to be presented before proper forum.
(2.)Heard learned Counsel for the petitioner. None appeared for the respondent despite service of notice.
(3.)The suit is filed for eviction. The lower Court by considering that the Andhra Pradesh Residential and Non-Residential Premises Tenancy Act, 2017 came into force with effect from 28.03.2018, returned the plaint stating that there is express bar to entertain the suit in view of Section 40(1) of the said Act. Section 40(1) of the said Act reads as under: "40(1) Save as otherwise provided in this Act, no civil court shall entertain any suit or proceeding so far as it relates to the provisions of this Act." Further Section 32 of the said Act reads as follows: "Not withstanding anything contained in any other law for the time being in force, in the areas to which this Act extends, only the Rent Court and no civil Court shall have jurisdiction, to hear and decide the applications relating to disputes between landlord and tenant and matters connected with and Rent ancillary thereto covered under this Act. Provided that the Rent Court shall, in deciding such applications relating to tenancies and premises, give due regard to the provisions of the Transfer of Property Act, 1882, the Indian Contract Act, 1872 or any other substantive law applicable to such matter in the same manner, in which such law would have been applied had the dispute between brought before a Civil Court by way of suit"
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.