Shaik Hussain Died vs Noor Bee Died
2023 Latest Caselaw 1464 Tel

     IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
                        AT HYDERABAD

                 MONDAY THE TWENTY SECOND DAY OF OCTOBER
                       TWO THOUSAND AND SEVEN

                                : PRESENT:
            THE HON'BLE SRI JUSTICE: GOPALA KRISHNA TAMADA

                          SECOND APPEAL No.562 of 2007

         (Appeal under Section 100 of C.P.C. against the decree and judgment of the
         Court of the III Additional District Judge, Warangal made in AS.No. 38/1997
         dt. 29-09-2006 preferred against the Judgment and decree of the Court of the
         II Additional Subordinate Judge at Warangal made in OS.No. 356/1988 dt.
         03-04-1997.)

Between:
  1. Shaik Hussain, S/o. Shaik Ahmed (Died)
  2. Bijan Bee, W/o. Syed Murtuza (Died)
  3. Shaik Ahmed, S/o. Late Sri Shaik Hussain
  4. Smt. Rabbani Begum, W/o. Syed Anwar
  5. Smt. Shameen Sulthana, W/o. Muneer Ahmed.
  6. Smt. Putli Begum, W/o. Sri Md. Afzal.
                                                                          Appellants
                                          AND
     1. Noor Bee (Died)
     2. Alia Yasmeen, W/o. Ali Ahmed, R/o. Mulug (Behind Old Tahsil)
     3. Tahera Begum, W/o. Md. Siddique, R/o. Hanamkonda, Warangal District.
                                                   Respondents

       The Appeal coming on for hearing upon perusing the Memorandum of
Grounds filed in support thereof and the order of the High Court dated. 30-04-2007
made herein and upon hearing the arguments of Sri A.Prabhakar Rao, Advocate for
the Appellants.

       The Court made the following ORDER:
       " According to Sri A.Prabhakar Rao, learned counsel for
appellants/defendants, a suit for eviction is not maintainable and it is only
under the provisions of the Rent Control Act, the landlord can seek eviction.
          Prima facie, this court is of the view that this issue definitely is a
substantive question of law, and though the same is not raised by the
appellants in the courts below, the same can be raised in this Court in this
Second Appeal.
          In the light of the said substantial question of law, this appeal is
admitted.
         However, the appellants/defendants are paying only an amount of Rs.
30/- per month towards rent, as such, they are directed to pay @ Rs. 200/- per
month towards rent of the house in question. The said rents shall be
deposited in the trial court on or before 10th of every month commencing from
1st day of November, 2007."



                 ASSISTANT REGISTRAR

                                   // TRUE COPY //
                                          for ASSISTANT REGISTRAR
To

     1. The III Additional District Judge, Warangal.
   2. The II Additional Subordinate Judge at Warangal.
  3. Alia Yasmeen, W/o. Ali Ahmed, R/o. Mulug (Behind Old Tahsil), Warangal.
  4. Tahera Begum, W/o. Md. Siddique, R/o. Hanamkonda, Warangal District.
      (3 & 4 by RPAD)
  5. One CC to Sri A.Prabhakar Rao, Advocate(OPUC)
  6. One spare copy.
SAH




HIGH COURT




TGKJ




DATED. 22-10-2007




ORDER

S.A.NO. 562 OF 2007 DIRECTION

DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 07-11-2007

HIGH COURT

TGKJ

DATED. 22-10-2007 ORDER

S.A.NO. 562 OF 2007

DIRECTION