( 1 ) THIS Civil Revision Petition is filed against the judgment of the learned additional Chief Judge, City Small Causes court, Hyderabad dated 18-1-2000 rendered in R-A. No. 305 of 1994.

( 2 ) THE petitioner herein is the landlord. The respondents herein are the tenants in respect of the mulgi bearing No. 15-5-37 situated at Afzalgunj, Hyderabad, hereinafter for the sake of brevity referred to as the said mulgi.

( 3 ) THE petitioner-landlord filed an eviction case in RC. No. 697 of 1989 on the file of the III Additional Rent Controller. Hyderabad against the respondents herein under Sections 10 (2) (i) and 10 (3) (a) of A. P. Buildings (Lease, Rent and Eviction) Control act, 1960 (hereinafter referred to as the act ) for eviction of the respondents-tenants from the said mulgi and to put him in possession of the said mulgi on the ground of willful default in payment of rents.

( 4 ) THE facts of the case in brief are that the appellant is the landlord of the said Mulgi. Originally he let-out the same to the father of the tenants for non-residential purpose on a monthly rent of Rs. 150. 00 and the father of the respondents-tenants executed a rental deed on 1-11-1974 in favour of the father of the petitioner-landlord. After the death of their father, the respondents-tenants became the tenants of the said mulgi on the same old terms and conditions. As such the petitioner is the landlord and the respondents are tenants in respect of the said mulgi.

( 5 ) IT is further stated that from the beginning of tenancy, the respondents-tenants have been irregular in payment of rents and contrary to the terms and conditions of the rental agreement, they were paying other taxes directly to the department without obtaining his permission and that they filed a false petition for deposit of rents and in spite of the specific orders of the Court, they were not depositing the rents into the Court and thus they have committed default in depositing the rents from 1-1-89 to 30-9-1989 i. e. for a period of 9 months amounting to rs. 1350/ -. Hence the eviction petition.

( 6 ) THE respondents-tenants filed a counter admitting the jural relationship of landlord and tenant in respect of the aforesaid mulgi and regarding the quantam of monthly rents. But they denied the averment that they were irregular in payment of rents and that they contravened the terms and conditions of the rental agreement. It is stated that only after receiving demand notice from the municipality to pay the taxes, they informed the same to the petitioner and his father. But as the property tax was not paid by the petitioner or his father in spite of the notice the respondents have no other option except to pay the same and adjust the amounts towards the monthly rents. It is also averred that after taking legal steps, they initiated the proceedings for deposit of rents and have been continuously depositing the rents to the credit of R. C. No. 483/86 and that they did not commit any default. They denied the allegation of the landlord that they committed wilful default in depositing rents from 1-1-89 to 30-9-1989 and stated that they paid the rents for the said period in the bank to the credit of R. C. No. 483/86 regularly every month.

( 7 ) IT is further alleged that the father of the petitioner demanded enhancement of rent in the year 1982 and also obtained a sum of Rs. 5000. 00 from them as advance apart from the deposit of one month rent for the purpose of granting tenancy and that the said amount was adjusted towards the rent.

( 8 ) IT is stated that since the date of commencement of tenancy, father of the petitioner or his representative used to come and collect the rent from them at the said mulgi and that they never avoided or refused to pay the rent and that the father of the petitioner got the rents collected upto the month of August, 1980 and issued receipt no. 128 dated 6-9-1980 and thereafter, he insisted upon them to enhance the rent and that the respon