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2007 Supreme(AP) 998

D.APPA RAO
Mohd. Shafi – Appellant
Versus
Hafeez Mohammed (died) by LRs. – Respondent


Advocates:
Advocate appeared:
M. Basith Ali Yavar, Counsel for the Petitioner in CRP and CRP MP No.4313 of 2007 and for the Respondent in CRP MP No.1987 of 2006; RA. Achuthanand, Counsel for the Respondent in CRP and CRP MP No.4313 of 2007 and CRP MP No.4922 of 2007 and for the Petitioner in CRP MP No.1987 of 2006.

ORDER ;-

This is a revision preferred by the tenant against the order in appeal R.A. No.278 of 2002 dated 18.10.2006 confirming the orders of eviction in RC No.174 of 1997, on the file of learned Principal Rent Controller, Hyderabad.

2. The case of the landlord in brief is that the tenant - the revision petitioner herein, executed a rental deed in his favour on 5.1.1990 agreeing to pay a monthly rent of Rs.150-00 by 5th of every English calendar month, for Mulgi bearing Municipal No.20-7-331 situated at Fateh Darwaza, Hyderabad. He did not pay rents for the months from January, 1997 to March, 1997 amounting to Rs.450-00 and committed default intentionally and therefore he was liable for eviction. He also committed default in payment of rents from December 2000 to the end of December, 2001. He also pleaded that the tenant sublet the premises to the second respondent. Therefore, he prayed that the tenant be evicted.

3. The tenant resisted the petition alleging that he did not execute the rental deed dated 5.1.1990 and that it was a forged document. No date was stipulated for payment of rent. The landlord himself used to come to the demised premises every month as per his convenience and




































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