1985 Supreme(AP) 171

Andhra Pradesh High Court
Judges : K.A.SWAMI
J. Satyanarayanu - Appellant
Versus
M. Narasimhulu - Respondent
C. R. P No. 3011/84.
Decided On : 04-08-85
Advocates Appeared :
Mr. N.V. Ranganatham, Mr. Madhav Bhosle

Headnote:AP BUILDINGS (LEASE, RENT AND EVICTION) CONTROL ACT - Section 8 Provisions of sec 8 are directory and not mandatory Non-observance of the procedure thereunder does not amount to wilful default

       Held : Having regard to the purpose of sec 8, its sub-sections are directory and not mandatory They contemplate a procedure to be followed by the tenant in the case of non-acceptance of the rent by the landlord The non-observance of these steps do not necessarily lead to the inference of wilful default Sec 8 (4) contemplates the sending of the rent by Money Order continuously only in 11 case where the Money Order is accepted by the landlord But in case of rejection or refusal, it is not obligatory on the part of the tenant to continue to send the amount by Money Order In any event, it does not amount to wilful default so as to entitle the landlord for eviction

       C R P Allowed