Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
M.Sadiq - Appellant
Versus
P.Lakshmamma - Respondent
Decided On : 11-19-97
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control act, 1960 - section 8 - Order his eviction - Liable to be evicted – Tenant - Rent Controller - Respondent landlady and petitioner is tenant in respect of a non-residential premises in question - Present monthly rent payable by petitioner/tenant is amount payable on or before fifth of every English calendar month - Respondent herein filed rent control case against petitioner/tenant on ground that petitioner-tenant had committed willful default in payment of rents and premises in question is required for her personal occupation as she is in bonafide requirement of same - Held, Finding recorded by learned Rent Controller as well as appellate authority that petitioner without any just cause had disputed title of Respondent-landlady in respect of premises requires no interference - Finding of the appellate authority, on evidence in case clearly indicates that petitioner herein without any reasonable basis has denied the title of respondent-landlady - It would definitely constitute a ground for ordering eviction of petitioner – Court do not find any reason whatsoever or basis for petitioner to take such a plea disputing title of respondent-landlady in respect of premises in question - Petition dismissed
( 1 ) THIS civil revision petition is directed against the order passed by the learned Additional District Judge, Hindupur dismissing R. C. A. No. 4/91 preferred by the petitioner. The appellate authority confirmed the order of the Rent Controller. The tenant is the revision petitioner herein. Both the Rent controller, as well as the appellate authority held that the petitioner/tenant is liable to be evicted from the premises in his occupation. Hence, this revision petition.
( 2 ) THE respondent herein is the landlady and the petitioner is the tenant in respect of a non-residential premises in question. The present monthly rent payable by the petitioner/tenant is Rs. 130-00, payable on or before fifth of every English calendar month. The respondent herein filed rent control case against the petitioner/tenant on the ground that the petitioner-tenant had committed wilful default in payment of rents and the premises in question is required for her personal occupation, as she is in bonafide requirement of the same.
( 3 ) DURING the pendency of the case, the petitioner herein has set-up a plea to the effect disputing the title of the respondent-landlady in respect of the premises in question. Both the Rent Controller, as well as the appellate authority having disbelieved the plea of the petitioner/tenant ordered his eviction on that ground also. Thus, eviction of the petitioner/tenant has been ordered by the Rent Controller, as well as the appellate authority on all the three grounds viz. , the petitioner had committed wilful default in payment of the rents; the respondent-landlady is in bonafide requirement of the premises in question for her occupation and the petitioner-tenant has set-up adverse claim and title in respect of the premises in question without any just cause.
( 4 ) IT is the case of the respondent-landlady that the petitioner/tenant has been paying rents at irregular intervals in spite of the demand for payment of rents. On 9-3-1993 (sic. 9-8-1983) the petitioner has paid a sum of rs. 390-00 towards rent due for the months of May, June and July, 1983. The petitioner herein has been paying rents at irregular intervals upto 5-4-1984. The last payment was made on 10-4-1984. Later on till the date of filing of the rent control petition in the year 1985 no rents are paid by the petitioner herein. Non-payment of rent by the petitioner herein is wanton and wilful knowing full-well of its consequences.
( 5 ) IT is the case of the respondent-landlady that the petitioner/tenant never cared to pay rents as required under law. Legal notice dated 13-7-1983 (Ex. A-1) was issued on behalf of the respondent-landlady putting the petitioner/tenant on notice about his wilful default. No reply has been given by the petitioner/tenant nor any rents were paid by him. It is the further case of the respondent-landlady that she requires the premises in question for her own occupation.
( 6 ) WILFUL DEFAULT the petitioner, admittedly paid a sum of Rs. 390-00 on 9-8-1983 towards rent for the period of three months i. e. , May, June and July, 1983. Thereafter, he was paying rents irregularly upto 5-4-1984. Even for the months of April and May, 1984, the rent was paid in June, 1984. Thereafter no rent whatsoever is paid by the petitioner-tenant towards the rent till the date of filing of the rent control petition. The petitioner was put on notice by the respondent landlady through legal notice dated 13-7-1983 (Ex. A-1) informing the petitioner of his wilful default in payment of rents. The petitioner was also put on notice by the respondent-landlady to the effect that she is in bonafide requirement of the premises for running her own business. The petitioner even failed to respond to the notice. It is required to notice that the petitioner, himself, has admitted that he had paid rents for the month of May, June and july, 1983 only on 9-8-1983. It is on record that the petitioner made last payment of rents on 10-4-1984 and t
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