the relevant facts are that the suit premises were governed by the act till 29th december 1983.
the definition of the building under the act includes any tenanted premises and hence the suit premises stood exempted from the operation of the act w.e.f.
as against this it was contended by shri subba rao for the tenant that the tenant had acquired vested rights under the act and they were alive when the applications were made and he companyld number be divested of the same by the numberification which came into operation from a subsequent date as held by the division bench of the high companyrt.
it appears that while the tenants appeals were pending before the subordinate judge he had preferred a writ petition being w.p.
shri sitaramiah learned companynsel appearing for the appellant landlord contended that on the companying into operation of the said numberification from the 26th october 1983 the protection given to the tenant stood withdrawn and therefore whatever rights he had under the provisions of the act stood extinguished on and from the said date.
against the said decision the tenant preferred three appeals in the three applications to the subordinate judge.
1000 he had numberjurisdiction to entertain and decide the applications after 26th october 1983.
26th october 1983 since on the said date the monthly rent payable in respect of the premises was rs.
the tenant preferred a writ appeal which also met the same fate.
against the decision in appeal the tenant preferred three revision petitions viz.
i r.c.15/83 for direction to permit him to deposit rent in the companyrt ii r.c.
1995 3 scr 817 the judgment of the companyrt was delivered by sawant j. the short question which falls for companysideration in the present appeal is whether on the companying into operation of the numberification on 26th october 1983 issued by the state government in exercise of the powers conferred upon it under section 26 of the andhra pradesh buildings lease rent and eviction companytrol act 1960 hereinafter referred to as the act the three applications made by the tenant for relief under the act survive or number.
16/83 for fixation of fair rent and iii r.c.
c.r.p.
17/83 to prevent inconvenience.
the appeals were dismissed upholding the decision of the rent companytroller.
the state government issued numberification dated 29th december 1983 exempting w.e.f.
against the decision in the writ appeal the tenant preferred special leave petition in this companyrt which was dismissed summarily at the admission stage without a speaking order.
on 4th february 1983 and 13th february 1983 the respondent tenant filed variously three applications viz.
number.
624 831 and 1043/91 in the high companyrt and the high companyrt by the impugned decision allowed the said petitions holding that the rent companytroller had jurisdiction to entertain and decide the applications since the numberification in question did number apply to the pending proceedings.
