( 1 ) THIS is a Civil Revision Petition against the Order of the District judge, Secunderabad, the appellate authority in rent control proceedings. The petitioner is the tenant.

( 2 ) AN application was filed by the landlady for eviction of the tenant on two grounds : (a) that the tenant was irregular in the payment of rent and was in arrears to the extent of Rs. 80 upto 11th June, 1953 and (b) that he had put up an unauthorised construction in the house. A counter was filed by the tenant to say that he was never irregular in payment and that the practice generally was for the landlady to send her men at an interval of two or three months to collect the rent and on the last occasion as the landlady refused to receive the rent, it was sent by M. O. The landlady examined on her side her husband who is her duly constituted agent and the tenant examined himself and another witness.

( 3 ) THE Rent Controller came to the conclusion that the construction of the shed did not amount to an act of waste, and as such it did not furnish a ground for eviction but he relied upon sub-section 2 (1) of section 10 of the Hyderabad Houses (Rent, eviction and Lease) Control Act, 1954, which said that t

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