- (1.)The Petitioner is the landlady of the house bearing No. 3-5-1142 situated in the locality known as Ramkote in the city of Hyderabad. The building consists of two floors. The petitioner states tbat herself and her family are in occupation of the ground floor and a half portion of the first floor. The other half portition of the first floor was in the possession of one Shri Chaturvedi from 1973 as per the allotment order passed by the Accommodation Controller under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act. 1960 (hereinafter called 'the Act'). The petitioner was making representations for release of the portion under the occupation of Shri Chatuivedi for the personal occupation of her familly members, particularly, her children who were abroad and who were returning to India after completion of their studies.
(2.)On 1-1-1978, Shri Chaturvedi vacated the portion of the first floor under his occupation. On 9-4-1978, the Petitioner intimated the Accomodation Controller the vacancy that arose by reason of Shri Chaturvedi vacating the portion under his occupation. No orders were passed by the Accoraodation Controller within 15 days or later intimating that the portion was required by the Government. The petitioner alleges that she occupied the said portion as no intimation was received from the Accomodation Controller.
(3.)At this stage, it is necessary to refer to another notice issued by the Accomodation Controller on 19-11-77 under section 3 (1) (a) of the Act stating. "It has been brought to my notice that a portion in your building bearing No. 3-5-1142 situate at Ramkote, Hyderabad has been let out by you to Shri Raghupathi in contravention of Section 3 (1) (a) of the Act" and calling upon the petitioner to show cause why action should not be taken to prosecute her. The petitioner seat a reply on 1-12-1977 stating that she had not let out any portion of the house to any one other than Shri Cbaturvedi and that the rest of the house was under control and occupation, and that, there was, therefore no contravention of any provisions of the Act.