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2004 Supreme(AP) 1493

Andhra Pradesh High Court
Judges : CH.S.R.K.PRASAD
Satyanarayana - Appellant
Versus
Moizuddin Khan - Respondent
Decided On : 12-14-04

Headnote:

A. P. Buildings (Lease Rent and Eviction) Control Act, 1960 - Section 22 - Lease Deed - Arrears of Rent - Tenant - Order of Eviction - Claimed that petition schedule premises was taken on lease by revision petitioner from his father by executing a rental deed, Initially, rent was stipulated at Rs. 200. 00 per month and subsequently, it was enhanced to Rs. 250. 00 - Also alleged by respondent that his father gifted schedule premises to him and petitioner was also informed of said gift by a letter - Thereafter, tenant has attorned tenancy in favour of respondent herein on same terms and conditions in rental deed ,rent is said to be payable by 10th of same month - It is alleged by landlord that as per terms of tenancy, rent is exclusive of electricity consumption charges and property tax payable to M. C. H. , and tenant has to pay electricity consumption charges directly to APSEB and the property tax as levied by MCH. , directly to the M. C. H. , on due dates - Respondent sought eviction of petitioner from premises for non-payment of property taxes covering the period from 1-4-1994 to 31-3-1998 - Held, On a reappraisal of entire material, I am of considered view that both Courts have failed to look at facts from proper angle and did not arrive at correct conclusions by considering the legal rights that flow from rental deed and attomment of lease - Past conduct of tenant prior to attomment cannot be considered and present landlord cannot take advantage thereof - That led to miscarriage of justice and concurrent findings arrived at due to mis-appreciation of law and are liable to be set aside - Set aside finding of fact arrived at by the Rent Controller that additional accommodation acquired by tenant can form basis for eviction, which has been confirmed by Appellate Court - Civil revision petition is allowed.

S. R. K. PRASAD, J.

( 1 ) THE tenant has preferred this revision against the order dated 21-1-2003 passed by the Additional Chief Judge, city Small Causes Court, Hyderabad in r. A. No. 123 of 2001 confirming the order of the Rent Controller in R. C. No. 526 of 1998, dated 31-1-2001 ordering eviction of the petitioner-tenant. The respondent being the landlord has presented the r. C. No. 526 of 1998, seeking eviction of the revision petitioner herein on the grounds of wilful default in payment of rent and subletting the premises to some third party, and requiring the premises for personnal occupation.

( 2 ) THE brief facts, that are necessary in this case are follows: the respondent herein claimed that the petition schedule premises was taken on lease by the revision petitioner from his father by executing a rental deed, dated 1-7-1978, Initially, the rent was stipulated at Rs. 200. 00 per month and subsequently, it was enhanced to Rs. 250. 00. It is also alleged by the respondent that his father gifted the schedule premises to him on 24-2-1989 and the petitioner was also informed of the said gift by a letter dated 1-3-1989. Thereafter, the tenant has attorned the tenancy in favour of the respondent herein on the same terms and conditions in the rental deed, dated 1-7-1978. The rent is said to be payable by 10th of the same month. It is alleged by the landlord that as per the terms of the tenancy, the rent is exclusive of electricity consumption charges and property tax payable to M. C. H. , and the tenant has to pay the electricity consumption charges directly to the APSEB and the property tax as levied by MCH. , directly to the M. C. H. , on due dates. The respondent sought the eviction of the petitioner from the premises for non-payment of property taxes covering the period from 1-4-1994 to 31-3-1998. He also sought the premises for personal use on the ground that the tenant has secured alternative accommodation at his own by purchasing the property in the name of his wife smt. Jeti Bai.

( 3 ) THE execution of the rental deed and the rent are not disputed by the tenant who is the revision petitioner. The revision petitioner has contended that the property was not acquired in the name of his wife and he denied about the acquisition of residential portion on the first floor and non-residential portion on the ground floor with 3 shops. He also denied about securing alternative accommodation.

( 4 ) IT appears that the landlord earlier filed R. C. No. 28 of 1994 on the file of iii Additional Rent Controller, Hyderabad, for eviction and the same was dismissed. It is also not is dispute that the appellate authority dismissed the R. A. 205 of 1996 preferred against the order of the Rent controller in R. C. No. 28 of 1994 and no revision has been preferred against the said order. Therefore, the landlord again filed r. C. No. 526 of 1998 before the Rent controller to order eviction of the tenant on the grounds of wilful default and securing alternative accommodation. The Rent controller allowed R. C. No. 526 of 1998 on the sole ground of securing alternative accommodation by the tenant, while rejecting the plea of wilful default. Thereupon the tenant carried the matter in appeal before the Additional Chief Judge, City Small causes Court, Hyderabad. The appellate authority in R. A. No. 123 of 2001 confirmed the finding given by the Rent Controller in respect of securing alternative accommodation and ordered for eviction. Thereupon, the tenant has preferred this revision before this Court, namely C. R. P. No. 1447 of 2003.

( 5 ) DURING the pendency of the petition, the landlord who is the respondent herein has filed two petitions to receive additional evidence, and the same has been opposed by the tenant. The short point for consideration is whether the concurrent findings of facts given by both Courts are on the basis of proper appreciation of the evidence, and whether there is any need to interfere with the findings arrived at by both c














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