S.P.BHARUCHA, V.N.KHARE
M. Naresh Kumar – Appellant
Versus
B. Nagalaxmi – Respondent
(1) THIS appeal by special leave assails the correctness of the judgment of a learned Single Judge of the High court of A. P. on a civil revision petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960.
(2) THE respondent-landlady had filed a petition for eviction against the appellant-tenant on the ground, inter alia, that he had committed wilful default in payment of rent for the months of September, October and November 1983. The Rent Controller as well as the appellate authority held against the landlady, finding that for seven or eight years the tenant had been sending rent once every two or three months and the landlady had not protested; thus, a practice had developed between the parties to pay and receive the rent at irregular intervals. There was, therefore, no wilful default in payment of rent for September and October 1983. The question of payment of rent for November 1983 did not arise because it fell due only after the eviction petition was filed.
(3) THE High court took into account a letter dated 27/10/1980 sent by the landladys advocates in reply to a notice addressed by the tenant. Therein the landladys adv
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