- (1.)This is a revision under Sec. 22 of the A.P. Act 15 of 1960 (hereinafter called the Act). The building of the petitioner was requisitioned by an order dated 2-3-1973 under Section 3 of the Act. The petitioner applied for fixation of fair rent to the Controller. The Controller enhanced the rent from Rs. 2.600/- per month to Rs. 4,500/-. In appeal it was enhanced to Rs. 4.900/-per month with effect from 1-1-1979. Against that order this revision is filed.
(2.)The learned counsel for the petitioner urged that G.O. Ms. No. 1302 dated 18-5-1966 is totally ignored. As per the provisions in the said G.O. 6% per annum of the value of the building and 6% per annum of the value of the land must be taken into "consideration for fixing the fair rent. It is next contended that the report Ex. A-1 given by the Registered valuer one Hasan Ali, according to which the building fetches a sum of Rs. 18.000/- per month, is totally disregarded. The further contention of the petitioner is that the rent must be fixed from the date of tenancy i.e. 1-3-1973 but not from the date of application.
(3.)Before examining the merits the learned counsel for the respondents raised a preliminary objection stating that the C.R.P. is not maintainable. He urged that in view of G.O. Ms. No. 636 dated 29-12-1983, the authorities under the Act have no jurisdiction to fix the fair rent as the building itself is outside the purview of the Act as the rent fixed for this building is more than Rs.1.000/-.