DEVA SAHAYAM (D) BY LRS. versus P. SAVITHRAMMA AND ORS.

DEVA SAHAYAM (D) BY LRS. versus P. SAVITHRAMMA AND ORS.

Civil Court has no jurisdiction to entertain a counter-claim for eviction or possession based on denial of title by tenant, when such matter falls squarely within the jurisdiction of the Rent Controller under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960; decree passed by Civil Court in such matters is a nullity.

Parties
Appellant: DEVA SAHAYAM (D) BY LRS.; Respondents: P. SAVITHRAMMA AND ORS.; Respondents: Respondent Nos. 2-5
Jurisdiction
India
Judgment Date
16 September 2005
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 19.1.2004 of Andhra Pradesh High Court in C.c.c.a. No. 162 of 2002
Outcome
Appeal partly allowed
Legal Topics
Eviction, Denial of Title, Counter Claim, Jurisdiction of Civil Court, Specific Performance
Rent Control Civil Procedure Specific Relief Eviction Denial of Title Counter Claim Jurisdiction of Civil Court Specific Performance

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Parties

DEVA SAHAYAM (D) BY LRS.

Appellant

P. SAVITHRAMMA AND ORS.

Respondents

Respondent Nos. 2-5

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 19.1.2004 of Andhra Pradesh High Court in C.c.c.a. No. 162 of 2002

Legal Issues

  1. 1 Whether Civil Court has jurisdiction to entertain counter-claim for possession when the tenant denies landlord's title under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960
  2. 2 Whether decree for eviction can be passed by Civil Court solely on denial of title by tenant
  3. 3 Whether counter-claim for mesne profits and delivery of possession is maintainable in Civil Court

Ratio Decidendi

Civil Court has no jurisdiction to entertain a counter-claim for eviction or possession based on denial of title by tenant, when such matter falls squarely within the jurisdiction of the Rent Controller under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960; decree passed by Civil Court in such matters is a nullity.

Court Disposition

Appeal partly allowed

Orders

  • Impugned judgment set aside to extent counter-claim of respondents allowed; Civil Court had no jurisdiction for counter-claim for possession; Judgment dismissing appellant's suit for specific performance of contract upheld. No costs.