Andhra Pradesh High Court
Judges : M.RANGA REDDY
Kanta Bai Asawa - Appellant
Versus
Kranti Swaroop Machine Tools Pvt.Ltd. - Respondent
C.R.P. Nos. 2658
Decided On : 06-29-93
Advocates Appeared :
Mr.C.P.Sarathy, Mr.N.Venkata Nayudu
( 1 ) THE above four Revisions petitions i. e. , C. R. P. Nos. 2658/90,2941/90,3122/90 and 3129/90 are directed against the common Judgment in R. A. Nos. 387/89, 389/89, 390/89 and 388/89 respectively by which the orders of the Rent controller made in R. C. Nos. 291/84, 292/84,1972/86 and 1973/86 directing eviction of the tenant was revised.
( 2 ) THE Revision petitioners are the landlords and the respondents are the tenants. The Revision petitioners are the owners of two mulgies bearing municipal Door Nos. 3-2-840/6 and 3-2-840/7situated at Kachiguda, Hyderabad. The respondents took the mulgies on a monthly rent of Rs. 500/- each and executed registered lease deeds separately in respect of each mulgi. They are exs. A-1 and A-2 dated 23rd September, 1978. As per the terms of lease deed the tenancy commences on first of every calendar month and that the rent is payable in advance on or before 10th of every month. The tenants had also agreed to pay the municipal taxes. It was further stipulated that non-payment of any two months rent as agreed to will entitle the landlords to eject the tenants on the ground of wilful default. The tenants deposited a sum of Rs. 10,000/ -. This deposit has to be returned to the tenants at the time of termination of tenancy after deducting the arrears of rents, electricity charges etc. , if any. The rental deed further stipulates that the tenants should pay municipal taxes within one month from the date of intimation by the landlords. These are the conditions of the lease relevant for disposal of the Revision petitions.
( 3 ) THE petitioners-Landlords filed R. C. No. 291/84 and R. C. No. 292/84 for eviction of the tenants from the mulgies 840/6 and 840/7 respectively on the ground that the tenants have committed wilful default in payment of property tax as well as monthly rent, The tenants did not pay the tax due to the municipality for the period from 1-11-1979 to 30-10-1981 in respect of both the mulgies. So, the landlords filed a suit in O. S. No. 1404/81 on the file of II Addl. Judge, City Civil Court, Hyderabad seeking eviction of the tenants and also for realisation of the arrears of municipal taxes for the said years. While the suit was pending, the Supreme Court struck down Sec. 32 (b) of the Andhra Pradesh buildings (Lease, Rent and Eviction) Control Act hereinafter referred to as the act. The Government of Andhra Pradesh issued a notification bringing all the buildings which are ten years old and whose rent does not exceed Rs. 1000/- per month within the purview of the Act. In the meanwhile according to the landlords the tenants committed wilful default in payment of rent in respect of both the mulgies for the months of August, 1981 and October, 1981 within the stipulated time. Therent payable for August, 1981 was paid on 10th September, 1981 and the rent for the month of October, 1981 was paid on 12th of November, 1981. The landlords therefore filed R. C. Nos. 291/84 and 292/84 for eviction.
( 4 ) SUBSEQUENT to the filing of these two petitions for eviction, the landlords filed separate I. As. in each petition for eviction and got the petitions amended. By that amendment the landlords pleaded that the tenants sent a cheque for rs. 1,000/- towards rent for September, 1985 for both the mulgies and when the cheque was presented for encashment it was dishonoured for non-availability of funds. Apart from that it is contended that the tenants committed wilful default in payment of municipal taxes for the period 1-11-1981 to 30-9-1984 amounting to Rs. 3,572-10 Ps. for each mulgi. The landlords paid the municipal tax as tenants did not pay the same in spite of repeated reminders. Municipal tax for the period 1-11-1981 to 31-3-1984 for both the mulgies amounting to rs. 5,919-48 was paid by the tenants by way of Demand Draft along with a covering letter dated 28-7-1984 and the same was received by the landlords on 1-8-1984. Similarly the tenants sent another Demand Draft for Rs
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