2006 (4) ALT 478
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
CH. S.R.K. PRASAD, J.
Satyanarayana - Petitioner.
v.
Moizuddin Khan - Respondent.
C.R.P. No. 1447 of 2003
Decided on 14-12-2004.
Advocates Appeared
Mr. M. Basith Ali Yavar, Counsel for the Petitioner.
Mr. J. Prabhakar, Counsel for the Respondent.
Held : The lower Court has disbelieved the plea of wilful default and ordered eviction on the ground of securing alternative accommodation. It is for the landlord to show that the tenant has secured alternative building in order to seek eviction at any time during the period of subsistence of lease, namely after commencement of the rental deed. Anything done or any act made, which are prior to the rental deed, cannot be considered and the landlord cannot seek for eviction on that ground. By the date of attornment i.e., by the date of execution of a fresh rental deed, the tenant had already got accommodation in the name of his wife.
The tenant has acquired alternative building even prior to the attornment and such acquisitions made even prior to entering into the rental deed for attornment of the lease cannot be taken into consideration for the purpose of seeking eviction of the tenant. It is a case where both Courts have given concurrent findings without proper appreciation of the facts. They have not considered about the legal aspect that emanates from attornment of lease and execution of a rental deed. The acts which are prior to the attornment cannot be considered. In this case both Courts have committed error in taking into consideration the said aspect, which is prior to the attornment of lease and it cannot give rise to a cause of action for the present landlord to approach the Rent Controller seeking eviction on that ground. On a reappraisal of the entire material, I am of the considered view that both Courts have failed to look at the facts from proper angle and did not arrive at correct conclusions by considering the legal rights that flow from rental deed and attornment of lease. The past conduct of the tenant prior to attornment cannot be considered and the present landlord cannot take advantage thereof. That led to miscarriage of justice and the concurrent findings arrived at due to misappreciation of law and are liable to be set aside.
The tenant has preferred this revision against the order dated 21-1-2003 passed by the Additional Chief Judge, City Small Causes Court, Hyderabad in RANo.123 of 2001 confirming the order of the Rent Controller in R.C.No.526 of 1998, dated 31-1-2001 ordering eviction of the petitioner-tenant. The respondent being the landlord has presented the R.C.No.526 of 1998, seeking eviction of the revision petitioner herein on the grounds of wilful default in payment of rent and subletting the premises to some third party, and requiring the premises for personal occupation.
2. The brief facts, that are necessary in this case are follows:
The respondent herein claimed that the petition schedule premises was taken on lease by the revision petitioner from his father by executing a rental deed, dated 1-7-1978. Initially, the rent was stipulated at Rs.200.00 per month and subsequently, it was enhanced to RS.250.00. It is also alleged by the respondent that his father gifted the schedule premises to him on 24-2-1989 and the petitioner was also informed of the said gift by a letter dated 1-3-1989. Thereafter, the tenant has attorned the tenancy in favour of the respondent herein on the same terms and conditions in the rental deed, dated 1-7-1978. The rent is said to be payable by 10th of the same month. It is alleged by the landlord that as per the terms of the tenancy, the rent is exclusive of electricity consumption charges and property tax payable to M.C.H., and the tenant has to pay the electricity consumption charges directly to the APSES and the property tax as levied by MCH., directly to the M.C.H., on due dates. The respondent sought the eviction of the petitioner from the premises for non-payment of property taxes covering the period from 1-4-1994 to 31-3-1998. He also sought the premises for personal use on the ground that the tenant has secured alternative accommodation at his own by purchasing the property in the name of his wife Smt. Jeti Bai.
3. The execution of the rental deed and the rent are not disputed by the tenant who is the revision petitioner. The revision petitioner has contended that the property was not acquired in the name of his wife and he denied about the acquisition of residential portion on the first floor and non-residential portion on the ground floor with 3 shops. He also denied about securing alternative accommodation.
4. It appears that the landlord earlier filed R.C.No.28 of 1994 on the file of III Additional Rent Controller, Hyderabad, for eviction and the same was dismissed. It is also not in dispute that the appellate authority dismissed the R.A.205 of 1996 preferred against the order or the Rent Controller in R.C.No.28 of 1994 and no revision has been preferred against the said order. Therefore, the landlord again filed R.C.No.526 of 1998 before the Rent Controller to order eviction of the tenant on the grounds of wilful default and securing alternative accommodation. The Rent Controller allowed R.C.No.526 of 1998 on the sole ground of securing alternative, accommodation by the tenant, while rejecting the plea of wilful default. Thereupon the tenant carried the matter in appeal before the Additional Chief Judge, City Small Causes Court, Hyderabad. The appellate authority in R.A.No.123 of 2001 confirmed the finding given by the Rent Controller in respect of securing alternative accommodation and ordered for eviction. Thereupon, the tenant has preferred this revision before this Court, namely C.R.P. No. 1447 of 2003.
5. During the pendency of the petition, the landlord who is the respondent herein has filed two petitions to receive additional evidence, and the same has been opposed by the tenant. The short point for consideration is whether the concurrent findings of facts given by both Courts are on the basis of proper appreciation of the evidence, and whether there is any need to interfere with the findings arrived at by both Courts.
6. The revision is preferred under Section 22 of A. P. Buildings (Lease
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