ORDER
K. Ramaswamy, J.
1. The petitioner raises an objection in the execution regarding the jurisdiction of the Court to pass a decree in O.S.No. 2 of 1983 on the file of the District Munsif, Andole at Jogipet, Medak district. His contention is that Andole is a Municipality by exercising power under Section 2(b) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act XV of 1961 (in short the Act) extending the provisions of the Act to Andole, therefore the civil court is devoid of jurisdiction to pass decree; the only competent court is the Rent Controller appointed and in this case the decree is passed by the civil court thereby the decree is void, inexecutable and without jurisdiction. The. executing court dismissed the application against which this revision is filed.
2. The contention of the learned counsel for the petitioner is that the lower court failed to see that the Government have already issued Notification in exercise of power under Section 2(iv) of the Act to each area to exercise powers thereunder., The Revenue Divisional Officer, Medak was constituted as Rent Controller for the Municipality of Andole; therefore the Rent Controller constituted under the Act would be the authority. No doubt in the Notification dated 31-1-1961 Andole was declared to be a Municipality and the Revenue Divisional Officer, Medak was appointed as Rent Controller under the Act. Thereafter Andole has been denotified and declared as Gram Panchayat, under Section 3 of the A.P. Gram Panchayat Act, 1964. Therefore Andole no longer continues to be a Municipality attracting Section 2(b) of the Act.
3. Section 1(2)(c) of the Act postulates thus:
'The State Government may, by notification in the Andhra Pradesh Gazette, apply all or any of the provisions of this Act except under Sub-section (2) of Section 3 to any other area in the State of Andhra Pradesh with effect from such date as may be specified in the notification, and may cancel or modify any such notification.'
A reading thereof clearly indicates that other than those covered in Clauses (a) and (b) of Section (2), a specific notification is to issue by the Government constituting Rent Controller to entertain the application under the Act. But in this case there is no such notification issued by the Government thereon so the Rent Controller does not have any jurisdiction to entertain the applications under the Act. Thus it is clear that the only forum available t the parties is civil court having competent jurisdiction to entertain and pass the decree. In this case admittedly the District Munsif Court has got Jurisdiction. Accodingly the District Munsif granted the decree and it is being passed in accordance with law thereby I hold it is not a case of void decree, nor a decree without jurisdiction declaring inexecutable. The C.R.P. is therefore dismissed. No costs. Time for ejectment: three months from the date of receipt of this order.