JUDGMENT

Phukan, J.-This appeal by special leave is by the tenant. The suit premises were taken on rent by the appellant at a rent of Rs. 1500 per year for the purpose of running an oil mill. After the expiry of period of lease, the tenancy continued. The respondent-landlord filed an application on 25.11.1981 under Section 15(2)(ii) of Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (for short the Act ) before the Controller for the eviction of the appellant on the ground of default in payment of rent since 1.11.1978 till the date of filing of the application. Prior to the filing of the present eviction application, the respondent filed a Civil Suit on 11.08.1981 for recovery of arrears of rent for the period between 1.11.1978 to 29.9.1981 amounting to Rs. 4250/- and on 7.10.1981 appellant appeared before the court and deposited the amount which was accepted by the respondent. Both the Rent Controller and the appellate authority held that the appellant was a defaulter and accordingly ordered for his eviction. The Revision Petition filed by the appellant-tenant before the High Court under Section 26 of the Act was also rejected by the impugned judgment.

2. We may state