G. BHAVANI PRASAD, J: -

Rule 5 of the Andhra pradesh building (Lease Rent and eviction) is only directory and not mandatory as section 8 of the andhra pradesh building (Lease, Rent and evidence) control act, 1960 (for short “the act”) is only directory and not mandatory, according to the tetant unsuccessfully before the rent controller and in appeal.

2. The two civil revision petition in CRP Nos. 4283 and 2002 by the tenant primary advancing such a contention come up before a learned single judge, who considered a conflict of views to be existing in the dicisions of the court and the Apex Court on the question. Consequently, a reference was made formulating the following questions:

(1) When Section 8 of the A.P. Building (Lease, Rent and Eviction) Control Act 1960 is directory, can Rule 5 of the Rules framed for working out the said provisions be treated as mandatory?

(2) Whether deposit of rent into Court is sufficient compliance and can be treated as payment to the landlord?

(3) Whether failure to deposit rent challans into Court automatically amounts to willful default?

(4) Whether Rule 5 of the Rules goes contra to the provisions of Section 10(2)(i) and proviso of the Act?

3. A Divi

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