K MADHUSUDHAN RAO Vs. GOVERMENT OF ANDHARA PRADESH REVENUE DEPARTMENT

JUDGEMENT

(1.) The eight writ petitioners are tenants in premises No. 4-1-677 to 684 at Jambagh in the city of Hyderabad. Puren- dhar Memorial Charitable Trust, a trust formed on 2nd March, 1973, is their landlord. The eight demised premises are "Flats", each flat having three rooms of 12' X 12' a kitchen, a bath and a toilet. The Accommodation Controller had fixed Rs. 70 p.m., as rent which the tenants are paying now. On 5th June, 1976 the Commissioner of Endowments informed the tenants the rent is enhanced from Rs. 70 to Rs. 250 p.m., effective from 1st July, 1976. The tenants complained in their representation on 19th June, 1976 that they were not heard in proceedings resulting in enhancement of rents. The Commissioner of Endowments on 27th July, 1976, however, rejected the representation of the tenants. Thereupon the tenants approached and the State Government in G.O. Ms. No. 780 on 12th April, 1978 rejected their revision petition. The order of the Government in G.O. Ms. No. 780 is assailed to hold the State Government or the Commissioner of Endowments have no power to enhance the rent which was fixed by the Accommodation Controller earlier under the provisions of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act XVII of 1966.

(2.) The Assistant Secretary to Government asserts the Commissioner of Endowments is invested with the power for the safeguards the rights of the trust and administers the trustproperty. The rent of Rs. 250 it is averred is reasonable for the premises is in the midst of commercial houses like banks, markets, schools, cinema theatres, hospitals etc. The flats are the property of a charitable trust and therefore are not within the purview of the Andhra Pradesh (Buildings, Lease, Rent and Eviction) Control Act XV of 1960. One of the trustees in the counter on behalf of the trust averred that the building is not an old building and the enhancement of rent is warranted in the circumstances and the amount of Rs. 250 is reasonable.

(3.) What is required to be considered now is not what is the reasonable rent for each flat. That is a question to be determined having regard to the location and accommodation available in flats. Such a matter cannot be the subject of decision in a writ petition. The question at issue is: whether the Commissioner of Endowments is empowered under the provisions of Act XVII of 1966. to fix a fair rent ?