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Andhra Pradesh High Court
Judges : G.YETHIRAJULU
Md.Ahmed Ali - Appellant
Versus
Alastu Talimi trust, Hyderabad - Respondent
Decided On : 06-27-03
Andhra Pradesh State Wakf Act - Tenant of the suit - Eviction and recovery of rent - Appeals are preferred by tenants of various premises of a Wakf against judgment and decree of first appellate Court confirming eviction order passed by civil Court is preferred by defendant - He was tenant of suit mulgi situated at Charminar Hyderabad on a monthly rent - He committed default in payment of rent for a period of seven months - Appellant is defendant in was the tenant of first plaintiff-trust in respect of suit mulgi situated at Charminar Hyderabad on a monthly rent of committed default in payment of rent for a period - Held, There is no consistency in above version and he did not properly explain who made those corrections and what those corrections were made person who initially gave receipts is different from person who is said to have made corrections person who attested corrections in receipts of defendants was not examined to prove which they were making payment of rent in advance - Defendants did not explain since how long they were adopting said practice and what were which they were compelled to remit rent for six to seven months in advance - Defendants did not summon records of plaintiffs to prove whether any corresponding corrections were made in relevant registers since those corrections are not reflecting in office copy of receipts issued by Secretary - Appeal dismissed
( 1 ) THESE second appeals are preferred by the tenants of various premises of a Wakf against the judgment and decree of the first appellate Court confirming the eviction order passed by the civil Court.
( 2 ) S. A. No. 372 of 1999 is preferred by the defendant in O. S. No. 4712 of 1991. He was the tenant of the suit mulgi situated at Charminar, Hyderabad on a monthly rent of Rs. 50. 00. He committed default in payment of rent for a period of seven (7) months i. e. , from 1-4-1989 to 30-10-1989.
( 3 ) S. A. No. 373 of 1999 is preferred by the defendant in the suit. He was the tenant of the suit mulgi situated at charminar, Hyderabad taken on a rent of rs. 50/- p. m. He committed default in payment of the rent for 20 months from 1-9-1987 to 31-7-1989.
( 4 ) THE appellant in S. A. No. 374 of 1999 is the defendant in O. S. No. 4720 of 1991. He is the tenant of the suit mulgi at charminar, Hyderabad, on a monthly rent of rs. 30/ -. He committed default in payment of rent for a period of eight (8) months i. e. , from 1-1-1989 to 31-8-1989.
( 5 ) THE appellant in S. A. No. 375 of 1999 is the defendant in O. S. No. 4716 of 1991. He was the tenant of the first plaintiff-trust in respect of the suit mulgi situated at Charminar, Hyderabad on a monthly rent of Rs. 50. 00. He committed default in payment of rent for a period of 13 months i. e. , from 1-10-1988 to 31-10-1989.
( 6 ) THE appellants in S. A. No. 378 of 1999 are the defendants in O. S. No. 4714 of 1991 filed for eviction and recovery of rent. They were the tenants of the suit mulgi situated at Charminar, Hyderabad on a monthly rent of Rs. 45. 00. They committed default in payment of rent for a period of six (6) months i. e. , from 1-4-1989 to 30-9-1989.
( 7 ) THE appellants in S. A. No. 379 of 1999 are the defendants in O. S. No. 4721 of 1991 filed for eviction and recovery of rent. They were the tenants of the suit mulgi situated at Charminar, Hyderabad on a monthly rent of Rs. 35. 00. They committed default in payment of rent for a period of six (6) months i. e. , from 1-4-1989 to 30-9-1989.
( 8 ) S. A. No. 405 of 1999 was preferred by the defendant in O. S. No. 4718 of 1991 filed for eviction and recovery of rent. He was the tenant of the suit schedule premises situated at Abids, Hyderabad on a monthly rent of Rs. 300. 00. He committed default in payment of rent for a period of two months i. e. , from 1-3-1991 to 30-4-1991 and denied the agreed rent at Rs. 300. 00. According to him, the rent was only Rs. 50. 00 per month.
( 9 ) S. A. No. 470 of 1999 as preferred by the defendant in O. S. No. 4715 of 1991. He was the tenant of the suit premises situated at Abids, Hyderabad on a monthly rent of Rs. 400. 00. The tenancy of the defendant was for a period of eleven (11) months from 1-12-1973. After expiry of the lease period the defendant is being continued on the same terms and conditions on month-to-month basis commencing on the first and expiring at the end of the month. The defendant is harassing the first plaintiff-trust by making false complaints, therefore, the plaintiff decided not to continue him as a tenant.
( 10 ) S. A. No. 488 of 1999 was preferred by the defendant in O. S. No. 4717 of 1996. He was the tenant of the suit mulgi situated at Charminar, Hyderabad on a monthly rent of Rs. 135. 00. He committed default in payment of the rent for a period of 18 months i. e. , from 1-2-1988 to 31-7-1989.
( 11 ) S. A. No. 843 of 1999 is preferred by the defendants in O. S. No. 4721 of 1991. They are the tenants of the suit mulgi situated at Charminar, Hyderabad on an agreed rent of Rs. 35. 00. They committed default in payment of rent for a period of six (6) months i. e. , from 1-4-1989 to 30-9-1989.
( 12 ) S. A. No. 848 of 1999 is preferred by the defendants in O. S. No. 4714 of 1991. They were the tenants of the suit mulgi situated at Charminar, Hyderabad on a monthly rent of Rs. 45. 00. They committed default in payment of rent for a period of six months
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