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1993 Supreme(AP) 501

P.VENKATRAMA REDDY
Madana Gopala Krishna – Appellant
Versus
Nami Gnana Veerabhadraswamy – Respondent


P. VENKATARAMA REDDY, J.

( 1 ) THIS is a C. R. P. filed by the tenants of a building situate in Elueu town. R. C. C. No. 4/89 was filed by the landlords for eviction of the tenants. Pending the R. C. C. , a petition was filed under Section 11 (4) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act (hereinafter referred to as the Act ) seeking for an order to stop all further proceedings and to direct the tenants to put the landlords in possession of the premises. This petition was filed on the ground that the tenants (petitioners herein) had not paid the rent from 1-3-1988 onwards. That means by the date of filing the R. C. C. , the tenants committed default in payment of rent due for 10 months commencing from 1-3-1988 to 31-12-1988. Even subsequent to the filing of the petitioner, the tenants did not pay the rents for the months of January, February and March, 1989. Hence the petition was filed under Section 11 (4) of the Act, on 10-4-89. The landlords claim that the rent for the premises is Rs. 200/- per month.

( 2 ) THE petitioners-tenants, in their counter filed on 11-7-89, contended that the rent for the premises was only Rs. 50/- per month and that the land





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