Disposed

Nandigama Radha Krishna Murthy, Guntur Dist and Anr. v. Ilapavuluri Adiseshaiah, Guntur

Andhra Pradesh HC8 Jan 2024CRP/6511/2016

Case brief

AI extract

What is this about?

Eviction revision by tenants against orders of Rent Controller and Appellate Authority was settled through a joint memo of compromise. Tenants agreed to vacate the premises by 30.09.2024; rent disputes were mutually withdrawn and no rent is payable from 01.04.2024 to 30.09.2024.

What did the court decide?

CRP disposed per compromise: tenants to vacate by 30.09.2024; decree executable on failure; no rent payable 01.04.2024-30.09.2024; stay vacated.

Nandigama Radha Krishna Murthy, Guntur Dist and… — Landlord and Tenant | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE BANDARU SYAMSUNDER

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CIVIL REVISION PETITION NO: 6511 OF 2016

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Petition under section 22 of AP Buildings (Lease, Rent and Eviction) Control Act, 1960, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to pass an order revising the orders dated 29-11-2016 passed in R.C.A.No.23 of 2015, on the file of the Rent Control Appellate Authority-Cum-PrI. Senior Civil Judge: Guntur and also the orders of Rent Controller, Guntur passed in R.C.C. 12/2013 dated 12-10-2015.

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Between:

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Nandigama Radha Krishna Murthy, S/o Late Kotaiah, Hindu, Bussiness, Aged About 59 years, Sri Ganga Medicals & Fancy, R/o D.No. 9-1-6/5, Station Road, Railpet. Guntur.

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Nandigama Lakshmi Vinayakumar, S/o Radha Krishna Murthy, Hindu. Bussiness, Aged About 30 years, Sri Ganga Medicals &. Fancy. R/o D.No 9-1-6/5, Station Road, Railpet, Guntur.

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...APPELLANTS

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AND

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llapavuluri Adiseshaiah, S/o Subba Rao, Hindu, Aged About 63 years, R/o. D.No.9-9-40, IPrathapagiri Vaari Street, Railpet,^Guntur

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...RESPONDENT

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I.A. NO: 1 OF 2016fCRPMP. NO: 8539 OF 2016)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an order staying ail further proceedings^inRCC12/2013 on the file of Rent Controller -cum- PrI. Junior Civil Judge Guntur and RCA 23/2015 on the file of Rent Control Appellate Authority^Guntur.

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I.A. NO: 1 OF 2017fCRPMP. NO: 1579 OF 20171

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Between:

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llapavuluri Adiseshaiah, S/o Subba Rao, Hindu, Aged About 63 years, R/o. D.No.9-9-40, IPrathapagiri Vaari Street, Railpet, Guntur

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...PETITIONER(S)/RESPONDENT

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AND

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Nandigama Radha Krishna Murthy, S/o Late Kotaiah, Hindu, Bussiness, Aged About 59 years, Sri Ganga Medicals & Fancy, R/o D.No. 9-1-6/5, Station Road, Railpet. Guntur.

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Nandigama Lakshmi Vinayakumar, S/o Radha Krishna Murthy, Hindu. Bussiness, Aged About 30 years, Sri Ganga Medicals &. Fancy. R/o D.No 9-1-6/5, Station Road, Railpet, Guntur.

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...RESPONDENT / PETITIONER

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass a decree in terms of the compromise as incorporated in the joint memo annexed to this petition.

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Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the petition, the High Court may be pleased vacate the stay granted in CRPMP No.8539/2016 in CRP No.6511/2016 dated 13.12.2016 as extended on 05.01.2017.

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Counsel for the Petitioner(s): Sri Grandhi Gopala Krishna Murthy

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Counsel for the Respondent: Sri Virupaksha Dattatreya^Gouda

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The Court made the following: ORDER

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BSS,J C.R.P.No.6511 of 2016

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HON'BLE SRI JUSTICE BANDARU SYAMSUNDER

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C.R.P.No.6511 of 2016

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ORDER:

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The learned Counsel for the revision petitioners/tenants Mr.Grandhi Gopala Krishna Murthy, represented the case.^The learned Counsel Mr.Vivekananda, represented on behalf of Mr.Virupaksha Dattatreya Gouda, learned Counsel for the respondent/landlord. The revision petitioners/tenants^andthe respondent/landlord are also present.

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A joint memo is filed by the revision petitioners/tenants and the respondent/landlord, with terms of compromise. The terms of compromise entered between both parties explained to them in Telugu, which they admitted to be true and^correct. The terms of compromise entered between the parties are as

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follows:-

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The petitioners-tenants shall vacate the premises described in the petition schedule in RCC No. 12 of^2013onor before 30.09.2024 by delivering open, peaceful and^vacate possession of the premises to the respondent-landlord^orhis nominee/representatives, failing which the respondentlandlord shall be entitled to get possession of the^schedule premises through the process of the Court by executing^the

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BSS,J C.R.P.No.6511 of 2016

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decree passed in these proceedings and any other appropriate proceedings available to the respondent-landlord.

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The petitioners-tenants have filed challans showing payment of rent till 31.03.2024.

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Since there is a dispute regarding the payment of rent from February, 2011 to November, 2012 and since the landlord has received some amount towards advance, both parties are withdrawing their respective contentions and in view of the same, it is agreed by both parties that the tenant need not pay rent from 01.04.2024 to 30.09.2024.

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The respondent-landlord shall be entitled to withdraw the rents deposited by the petitioners-tenants from the Court of Rent Controller/Appellate Authority as the case may be.

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In view of the compromise between the parties, no adjudication is required in CRP No.7 of 2017 and the same will be withdrawn as infructuous.

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In view of the above terms, both parties pray to pass orders according to the above terms in CRP No. 6511 of 2016. 7) Both parties do bear their own costs of the proceedings.

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As the petitioners/tenants have agreed that plaint schedule premises is required for the respondent/landlord for his personal occupation which held by the Rent Controller,^and confirmed by the Appellate Authority, this Court confirmed the same in the Revision.

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BSS,J C.R.P.No.6511 of 2016

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The Civil Revision Petition is disposed of in terms of compromise entered between the parties. No order as^tocosts. Consequently, miscellaneous petitions if any, shall stand closed. Interim Stay if any, granted shall stand vacated.

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Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Rent Control Appellate Authority-Cum-Prl. Senior Civil Judge: Guntur.

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The Rent Controller, Guntur.

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One CC to Sri Grandhi Gopala Krishna Murthy, Advocate [OPUC]

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One CC to Sri. Virupaksha Dattatreya Gouda, Advocate [OPUC]

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The Section Officer, V.R Section, High Court of^{A.P.atAmaravati.}

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Three CD Copies

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(Along with copy of Joint Memo filed by both the parties.) SRm

vna

•’) ,

HIGH COURT

DATED:09/01/2024

ORDER

CRP.No.6511 of 2016

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DISPOSING OF THE CRP WITHOUT COSTS

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IN THE HON'BLE HIGH COURT OF ANDHRA PRADESH; AMARAVATI

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CRP No. 6511 OF 2016

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Between:

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Nandiagam Radhakrishna Murthy & another

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Petitioners

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Respondent llapvuluri Adiseshaiah

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AFFIDAVIT OF THE PETITIONER

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Nandigam Radhakrishna Murthy, S/o N Kotaiah, Hindu.^Aged67years, Business, R/o 10-2-17, line, Sambasivapet, Guntur do herby solennniy^affirmand state on oath as follows;

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I am the Revision petitioner (Tenant) No 2 in the above^{CivilRevisionPetition} and Appellant in RCA No. 23 of 2015 and Respondent^{inRCC12of2013.} I am well acquainted with the facts of the case.

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It is submitted that the Respondent-Landlord has filed RCC^12of 2013^for ^ our eviction on the grounds of willful default in the^{paymentofrentandalso} on the ground of bona fide requirement for his personal^occupation.

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I submit that the said petition was allowed by the^{RentControllervide} Judgement dated 12-10-2015 and the appeal filed by^{usinRCA23of2015} was dismissed vide orders dated 29-11 -2016 affirming the^{Judgementof the} Rent Controller. Aggrieved by the orders of the Rent^{Controllerandthe} Appellate Authority, we have filed the above Civil^{RevisionPetitionandthe} same is pending consideration by this Hon’ble Court.

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While so, while not admitting the allegation of willful^{defaultinthepayment} of rents. We do hereby admit and agree that the premises^{isrequiredfor}

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personal occupation of the respondent-landlord and^{weofferedtovacate} the premises if time of one year is granted. The respondent-land^lordwhile claiming that there is willful default in the payment^{ofrentandalsothathe} is in bona fide requirement of the premises for his^{personaloccupation,} agreed to accept our offer. However, he proposed that^{thetimeforvacating} the premises may be fixed as 6 months only. On further^negotiations between us and the respondent, it is agreed that we would be granted time of 9 months i.e., time till 30-09-2024 for vacating the premises.

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I submit that both parties have filed a joint memo to that effect by incorporating the agreed terms of compromise. I solemnly^{undertakethat} we would abide by the terms of compromise in letter^{andspirit,andwe} humbly pray that the Hon'ble Court may be pleased to^{passadecreein} terms of the compromise terms as stipulated in the^joint memo^andpass such other order or orders in the interests of justice.

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DEPONENT

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Solemnly affirmed and signed before me on this 9*^^{dayofJanuary2024at Amaravati.}

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BEFORE ME, ADVOCATE

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IN THE HON'BLE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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CRP65110F 2016

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Between:

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Petitioners Nandiagama Radhakrishna Murthy & another

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llapvuluri Adiseshaiah

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Respondent

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AFFIDAVIT OF THE PETITIONER

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N L Vinay Vinay Kumar S/o Radhakrishna Murthy, Hindu, Aged^{39years,R/o10-2-}

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I. N L Vinay Vinay Kumar S/o Radhakrishna Murthy, Hindu, Aged^{39years,R/o10-2-} 17, line. Sambasivapet, Guntur do herby solemnly affirm and state^onoathas follows;

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I am the Revision petitioner (Tenant) No 2 in the above^{CivilRevisionPetition} RCA 23 of 2015 and Respondent in RCC 12 of 2013. I^amwell and Appellant in acquainted with the facts of the case.

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It is submitted that the Respondent-Landlord has filed RCC^12of2013for our eviction on the grounds of willful default in the^{paymentofrentandalso} on the ground of bona fide requirement for his personal^occupation.

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I submit that the said petition was allowed by the^{RentControllervide} Judgement dated 12-10-2015 and the appeal filed by^{usinRCA23of2015} was dismissed vide orders dated 29-11 -2016 affirming the^{Judgementofthe} Rent Controller. Aggrieved by the orders of the Rent^{Controllerandthe} Appellate Authority, we have filed the above Civil^{RevisionPetitionandthe} same is pending consideration by this Hon’ble Court.

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While so, while not admitting the allegation of willful^{defaultinthepayment} of rents We do hereby admit and agree that the premises is required^for

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personal occupation of the respondent-landlord and we offered to vacate the premises if time of one year is granted. The respondent-land lord while claiming that there is willful default in the payment of rent and also that he is in bona fide requirement of the premises for his personal occupation, agreed to accept our offer. However, he proposed that the time for vacating the premises may be fixed as 6 months only. On further negotiations between us and the respondent, it is agreed that we would be granted time of 9 months i.e., time till 30-09-2024 for vacating^the premises.

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I submit that both parties have filed a joint memo to that effect by incorporating the agreed terms of compromise. I solemnly undertake that we would abide by the terms of compromise in letter and spirit, and we humbly pray that the Hon’ble Court may be pleased to pass a decree in terms of the compromise terms as stipulated in the joint memo and pass such other order or orders in the interests of justice.

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DEPONENT

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Solemnly affirmed and signed before me on this 9''^ day of January 2024 at Amaravati

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BEFORE ME, ADVOCATE

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IN THE HON'BLE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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CRP 6511 OF 2016

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Between:

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Nandiagama Radhakrishna Murthy & another Petitioners

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llapvuluri Adiseshaiah

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Respondent

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AFFIDAVIT OF THE RESPONDENT

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I llapvuluri Adiseshaiah S/o late Subba Rao, Hindu, aged 73 years, R/o 9-9-40 (69), Prathapagiri Veedhi, Raiippet, Guntur -522001 do herby solemnly affirm and state on oath as follows;

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I am the Respondent (Landlord) in the above Civil Revision Petition and respondent in RCA 23 of 2015 and Petitioner in RCC. 12 of 2013.1 am well acquainted with the facts of the case.

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It is submitted that filed RCC 12 of 2013 for eviction of the Petitioners in the above Civil Revision Petition on the grounds of willful default in the payment of rent and also on the ground of my bona fide requirement for personal occupation. submit that the said petition was allowed by the Rent Controller vide judgement dated 12-102015 and as against the same the Revision Petitioners^{inRCANo.23of2015before} the Appellate Authority cum Principal Senior Civil Judge, Guntur and the same was dismissed vide orders dated 29-11-2016 affirming the judgement of the Rent Controller.

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Aggrieved by the orders of the Rent Controller and the Appellate Authority, the petitioners have filed the above Civil Revision Petition and the same is pending consideration by this Hon'ble Court. While so, while not admitting the allegation of

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willful default in the payment of rents, the petitioners^{haveadmittedandagreedthat} the premises is required for my bona fide personal^{occupationandtherespondents} offered to vacate the premises if time of one year is granted. While claiming that there is willful default in the payment of rent and also^that I am in bona fide requirement of the premises for my personal occupation, ! agreed to^{accepttheiroffer.} However, I proposed that the time for vacating the premises may^{befixedas6monthsonly.On} further negotiations between us and the petitioners, it is agreed that the petitioners would be granted time of 9 months i.e., time till 30-09-2024^{forvacatingthepremises.}

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I submit that both parties have filed a joint memo^to that effect by incorporating the agreed terms of compromise. I solemnly undertake^that I would abide by the terms of compromise in letter and spirit and I humbly pray^{thattheHon’bleCourtmaybe} pleased to pass a decree in terms of the compromise^{termsasstipulatedinthejoint} memo and pass such other order or orders in the interests^ofjustice.

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DEPONENT

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Solemnly affirmed and signed before me on this 9‘^^{dayofJanuary2024atAmaravati.}

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BEFORE ME ADVOCATE

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IN THE HON'BLE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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CRP 6511 OF 2016

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Between:

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Nandiagam Radhakrishna Murthy & another Petitioners

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llapvuluri Adiseshaiah

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Respondent

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JOINT MEMO FILED BY BOTH PARTIES

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It is submitted that the Respondent-Landlord has^{filedRCC12of2013} for eviction of petitioner-tenant on the grounds of^{willfuldefault} in the payment of rent and also on the ground of bona fide^{requirementfor} personal occupation. The said petition was allowed^{bytheRentController} vide judgement dated 12-10-2015 and the appeal filed^{bytheRevision} petitioner-tenant in RCA 23 of 2015 before the Principal^SeniorCivil Judge, Guntur was dismissed vide orders dated 29-11-2016^affirmingthe judgement of the Rent Controller.

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Aggrieved by the orders of Rent Controller and the^{AppellateAuthority,} the petitioner-tenant has filed the above Civil Revision^Petition.

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While so, the Revision petitioners-tenants while not admitting the allegation of willful default in the payment of rents,^{doherebyadmitand} agree that the premises is required for personal occupation of the respondent-landlord and Petitioner-tenant has offered to vacate the

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premises if time of one year is granted. The respondent-landlord^while ^ A) '

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claiming that there is willful default in the payment^{ofrentandalsothat} he is in bonafide requirement of the premises for his^{personaloccupation,} agrees to accept the offer of the Revision Petitioner^{tenant.However,} they have proposed that the time for vacating the premises^maybefixed as 6 months only. On further negotiations between the^{parties,itisagreed} that the petitioner-tenant may be granted time of 9^{monthsi.e.,timetill} 30-09-2024 for vacating the premises.

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Accordingly the following terms of compromise are agreed^uponbyboth parties:-

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The petitioners-tenants shall vacate the premises described in the petition schedule in RCC No. 12 of 2013 on or before^30-09-2024by delivering open, peaceful and vacant possession of^{thepremisestothe} respondent-landlord or his nominee/representative, failing which the respondent-landlord shall be entitled to get possession^{oftheschedule} premises through the process of the court by executing the decree passed in these proceedings and any other appropriate^proceedings available to the respondent-landlord.

¶144

The petitioners-tenants have filed challans showing^{paymentofrenttill} 31-03-2024.

¶145

Since there is a dispute regarding the payment of^{rentfromFebruary} 2011 to November 2012 and since the landlord has received some amount towards advance, both parties are withdrawing^{theirrespective} ) tfJ

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contentions and in view of the same, it is agreed by^{bothpartiesthatthe} tenant need not pay rent from 01-04-2024 to 30-09-2024.

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The Respondent-landlord shall be entitled to withdraw the rents deposited by the Petitioner-tenant from the court of^{RentController/} Appellate Authority as the case may be.

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In view of the compromise between the parties, no^adjudication is required in CRP 7 of 2017 and the same will be withdrawn^{asinfructuous.}

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In view of the above terms both parties pray to^{passordersaccordingto} the above terms in CRP 6511/2016.

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Both parties do bear their own costs of the proceedings.

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PETITIONERS-TENANTS

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RESPONENT-LANDLORD

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COUNSEL FOR PETITIONER-TENANT

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COUNSEL FOR RESPONDENT- LANDLORD

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AMARAVATI DATED-09-01-2024.

Nandigama Radha Krishna Murthy, Guntur Dist and Anr. v. Ilapavuluri Adiseshaiah, Guntur

Case brief

What is this about?

What did the court decide?

Nandigama Radha Krishna Murthy, Guntur Dist and Anr. v. Ilapavuluri Adiseshaiah, Guntur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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