Chikoti Rajeswar Rao. Vs. K. Ganapathy.
EmailAppeal: Civil Appeal No.1377 of 1973.
Petitioner: Chikoti Rajeswar Rao.
Respondent: K. Ganapathy.
Apeal: Civil Appeal No.1377 of 1973.
Judges: M.P.THAKKAR, B.C.RAY & S.NATARAJAN, JJ.
Date of Judgment: Feb 27, 1987
Head Note:
RENT LAW
Appeal allowed by the consent of the parties – Defendant to reconvey the house by executing the sale deed in favour of the appellant and continue as a tenant of the appellant.
JUDGEMENT:
ORDER
1. By consent the appeal is allowed and the following order is passed.
2. The respondent/defendant shall reconvey House No.7192 situated at Golla Guda, Secunderabad (which was the number assigned to this house at the material time when Suit No.316 of 1968 giving rise to the present appeal was instituted) by executing a sale deed in favour of the appellant/plaintiff. The sale deed shall be executed as per the draft to be furnished by the appellant within three months from today. The sale deed as per the said draft or in such form as the trial court may direct shall be executed within two months thereafter. In case of failure on the part of the respondent/defendant to execute the sale deed, the Court shall appoint an officer of the Court with the authority to execute the sale deed on his behalf in favour of the appellant/plaintiff and have the sale deed executed in his favour.
3. The respondent/defendant will thereupon continue as a tenant of the appellant/plaintiff on the same terms and conditions on which he was a tenant prior to the transaction in question, at the monthly rent or Rs.18/- as thereto before. The respondent/defendant will be entitled to the protection of the relevant Rent Act but the appellant/plaintiff will not be precluded from undertaking any proceedings under the relevant Rent Act in accordance with law.
4. The respondent/defendant will pay a sum of Rs.700/- to the appellant/plaintiff as costs in the lower courts. There will be no order regarding costs in the High Court and in this Court.
5. The expenses required to be incurred for the reconveyance will be borne by the appellant/plaintiff. As the sale consideration of Rs.3000/- has already been paid by the appellant/plaintiff to the respondent/defendant nothing more needs to be done in this connection by the appellant. The respondent/defendant will pay interest at 6% on the amount of Rs.3000/- from the date on which the amount was paid by the appellant/plaintiff to him till the date on which the sale deed is executed by the respondent in favour of the appellant. This amount shall be paid at the time of execution of the sale deed. The said amount of interest will be recoverable by the appellant from the respondent by execution through the court if it is not paid by the respondent/defendant at the time of execution of the sale deed. The respondent/defendant shall return to the appellant/plaintiff at the time of execution of the sale deed such title deeds as were entrusted to him at the time of the original transaction. The trial court will ensure compliance with this direction by appropriate measures if necessary. The appeal will stand disposed of accordingly.
Appeal allowed.
1. By consent the appeal is allowed and the following order is passed.
2. The respondent/defendant shall reconvey House No.7192 situated at Golla Guda, Secunderabad (which was the number assigned to this house at the material time when Suit No.316 of 1968 giving rise to the present appeal was instituted) by executing a sale deed in favour of the appellant/plaintiff. The sale deed shall be executed as per the draft to be furnished by the appellant within three months from today. The sale deed as per the said draft or in such form as the trial court may direct shall be executed within two months thereafter. In case of failure on the part of the respondent/defendant to execute the sale deed, the Court shall appoint an officer of the Court with the authority to execute the sale deed on his behalf in favour of the appellant/plaintiff and have the sale deed executed in his favour.
3. The respondent/defendant will thereupon continue as a tenant of the appellant/plaintiff on the same terms and conditions on which he was a tenant prior to the transaction in question, at the monthly rent or Rs.18/- as thereto before. The respondent/defendant will be entitled to the protection of the relevant Rent Act but the appellant/plaintiff will not be precluded from undertaking any proceedings under the relevant Rent Act in accordance with law.
4. The respondent/defendant will pay a sum of Rs.700/- to the appellant/plaintiff as costs in the lower courts. There will be no order regarding costs in the High Court and in this Court.
5. The expenses required to be incurred for the reconveyance will be borne by the appellant/plaintiff. As the sale consideration of Rs.3000/- has already been paid by the appellant/plaintiff to the respondent/defendant nothing more needs to be done in this connection by the appellant. The respondent/defendant will pay interest at 6% on the amount of Rs.3000/- from the date on which the amount was paid by the appellant/plaintiff to him till the date on which the sale deed is executed by the respondent in favour of the appellant. This amount shall be paid at the time of execution of the sale deed. The said amount of interest will be recoverable by the appellant from the respondent by execution through the court if it is not paid by the respondent/defendant at the time of execution of the sale deed. The respondent/defendant shall return to the appellant/plaintiff at the time of execution of the sale deed such title deeds as were entrusted to him at the time of the original transaction. The trial court will ensure compliance with this direction by appropriate measures if necessary. The appeal will stand disposed of accordingly.
Appeal allowed.
