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1998 Supreme(AP) 24

BILAL NAZKI
C. Hanumantha Rao – Appellant
Versus
M. Prem Sudhakar Rao – Respondent


BILAL NAZKI, J.

( 1 ) THE petitioner has challenged the orders passed in two appeals RANo. 5/96 and R. A. No. 6/96 by principal Subordinate Judge, Rangareddy district on 26th of September, 1997. The two appeals which have been decided by the learned Principal Subordinate Judge arose out of a judgment passed by the Rent Controller in a case between the parties being R. C. No. 15/92. He passed the order on 16/04/1996 which had been challenged in appeals before the Principal Subordinate Judge.

( 2 ) THE controversy is very short and concerns the parties with respect to tenancy of a premises. The tenancy was not disputed. The quantum of rent was not disputed. Two points which were considered by the Rent Controller were (a) whether there was willful default of payment of rent, and (b) whether the tenant had secured alternative accommodation. The Rent Controller found that there was willful default in payment of rent and therefore he passed a decree of eviction. He did not find that the tenant had secured alternative accommodation. Appeals were filed against the finding by both the parties before the learned Principal Subordinate Judge. The Principal Subordinate Judge while deciding the a





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