K.A.SWAMI, S.S.M.QUADRI
New Peking Chinese Hotel through Ayeshah – Appellant
Versus
Hindustan Builders – Respondent
( 1 ) THESE three revisions arise out of proceedings under the Andhra pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, hereinafter called the Rent Act. The tenant is the petitioner.
( 2 ) THE facts may be briefly stated : M/s. Hindustan Builderswhich is a registered partnership firm is the landlord. They have purchased the suit premises under a registered sale deed dated 25-7-1974 Ex. P-2. They filed R. C. No. 339 of 1976 for eviction on the grounds (1) wilful default in payment of rent for 24 months from 1-8-1974 to 31-7-1976 at Rs. 450/- per month and (2) that the premises is required by them for immediate demolition and reconstruction. During the pendency of R. C. No. 339 of 1976 the second eviction petition R. C. No. 655 of 1977 was filed on the sole ground of wilful default in payment of rent for 4 months from September, 1977 to december, 1977.
( 3 ) THE defence of the tenant is two-fold : (1) That the tenant was dispossessed from a portion of rear compound and out houses and there was no fixation of rent after M/s. Hindustan builders purchased the property, that in fact, the tenant tendered the rent for July and August, 1974 to Shamlal Gupta, P. W
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