QAMAR BEGUM Vs. PYATA SRINIVASA RAO
LAWS(APH)-1992-1-16
HIGH COURT OF ANDHRA PRADESH
Decided on January 01,1992

QAMAR BEGUM Appellant
VERSUS
PYATA SRINIVASA RAO Respondents


Cited Judgements :-

NARRA MADHAVA RAO VS. B SADASIVA RAO [LAWS(APH)-2009-7-37] [REFERRED TO]


JUDGEMENT

- (1.)Respondentin R.C.C No.479/78, I Additional Rent Controller,Hyderabad is the revision petitioner. Eviction was prayed on the ground of wilful default in payment of rent from 1-1-76 to 31-10-78. The case of revision petitioner is that she is not a tenant at all in the petition schedule premises and hence she need not pay the rent and the eviction petition cannot be filed against her. Both the Courts below held that the revision petitioner is the tenant in the premises in question and there was wilful default in payment of rent and accordingly eviction was ordered. The same is challenged in this revision petition.
(2.)Smt. Ajmath Khatoon Sayeedha filed the eviction petition by alleging that she is the owner of premises No.4-3-618, Situated at Ramkoti and Sri Mohd. Osman had taken one room out of it on monthly rent of Rs.25/- as per rental deed dated 15-3-63 and later it was enhanced to Rs.30/- and the revision petitioner herein is the daughter of the said Osman and she lived with him and after the death of Osman, she continues to reside in the same house but she failed to pay the rent from 1-1-76 till the end of October, 1978 and hence the eviction petition was filed. During the pendency of the eviction petition Smt. Ajmath Khatoon Sahab sold to R-2 here in and he had come on record as the second petitioner in the eviction petition as per orders in I.A. 214/85.
(3.)The case of the revision petitioner is that she is not the daughter of late Mohd. Osman and her father is Sri Sardar AH, and the latter had constructed the premises in question in the site belonging to the original owner late Saraswathi Bhai, and she continues to reside in the said house after the death of her father in her own right. She further pleaded that the door number of the premises in question is 4-3-620/ A.
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