9911796707
TMI Blog1971 (7) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... ge's Court. Nellore. 2. The material facts, giving rise to these petitions, are as follows: The petitioners in all these C. R. Ps. are tenants and the respondents, who are common to all there C. R. Ps. are the landlords, Respondents purchased the suit building by means of a registered sale deed dated 6-9-1968 for ₹ 47,500/- from Pateti Radhayya and Paritala Kanakamma. Petitioners are in occupation of three different portions of the said building as tenants petitioner's were informed of the sale in favour of the respondents and the petitioners continued to pay the rents to the respondents after execution of the sale deed in their favour in respect of the said building. 3. Respondents filed rent control petitions against the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s from paying rents to the respondents. Since the respondents title to the suit building was in dispute in the Rent Control petitions as well as in the partition suit before the Subordinate Judge it was proper to stay the Rent Control proceedings. 6. To those petitions the respondents filed a counter. They denied that the properties mentioned in O. S. 99/67 or the building from which the petitioners are sought to be evicted, were the joint family properties of Pateti Radhavya and his brother. The properties were purchased by Pateti Radhayya and Paritala Kanakamma from their vendors by means of a registered sale deed dated 12-12-1947 and from Pateti Radhdyya and Paritala Kanakamma the respondents purchased the said building by a registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rent Control Proceedings. 9. The learned counsel appearing for the petitioners conceded before me that Rent Controller is not a court. Section 10, Civil P. C. provides that: ------- "No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any or them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continue by the Central Government and having like jurisdiction, or before the Supreme court." 10. On a plan re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the subject-mater in the Rent Control proceedings. The question of eviction of the petitioners is not in issue before the Subordinate Judge in O. S. 99 of 1967. The petitioners contention that the sale deed dated 6-9-1968, through which the respondents acquired title to the suit building, was a sham, nominal and a collusive document, devoid of consideration and merely got up for the oblique purpose of evicting the petitioners from the building, is not a question which arises in the partition suit. Therefore, the subject-matter in the Rent Control proceedings sand the original suit O. S. 99 of 1967 is not the same. I, therefore, entirely agree with the learned Subordinate Judge in the view expressed by him that Section 10, Civil P. c. has no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r stated in Section 10(6) in case of denial of landlord's title by tenants. 16. The petitioners did not claim that they are the owners of the said building or that they had acquired the rights of permanent tenancy in it. Admittedly they have been paying rents to the respondents after they had purchased the building. Under the Transfer of Provision ( . . . . . ) estopped from denying the title of the landlord. How far such a denial is bona fide in this case will have to be considered by the Rent Controller I do not therefore express any opinion on that point. 17. Lastly the balance of convenience is absolutely against the petitioners and in favour of the respondents. The Rent Control proceedings are summary proceedings, which are inten ..... X X X X Extracts X X X X X X X X Extracts X X X X
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