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1962 Supreme(AP) 150

SHARFUDDIN AHMED
Nathmal Sumerimal and Co – Appellant
Versus
Kunala Purnachandra Rao – Respondent


( 1 ) THIS is a petition to revise the Order of the District Judge, Krishna dated 2nd August, 1960 made in C. R. P. No. 21 of 1959 on his file. The petitioner is a firm represented by one of its partners, while the respondent is the owner of the premises which was taken on rent by the said firm. A petition was filed before the Rent Controller, Vijayawada, under section 7 of the Madras buildings (Lease and Rent Control) Act, 1949 (hereinafter called the Act) by the landlord respondent for eviction against the firm on the ground of wilful default in payment of rent from 1st August, 1955 and for sub-letting the premises and committing acts of nuisance. The petitioner (tenant) contested the petition claiming that the rent was only Rs. 100 as against Rs. 150 claimed by the landlord (respondent); there was no wilful default and that the premises were in the occupation of the firm and the allegation about the nuisance was entirely unfounded. The Rent Controller on evidence found that the rent payable was only Rs. 150 per month and as it was not paid, it was a case of wilful default. He also held that there was sub-letting without the authority of the landlord. Accordingly, he ordered the








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