MARIYAM BEGUM Vs. BASHEERNISA BEGUM

JUDGEMENT

(1.) The parties in these two appeals are common. The appellant is the tenant in these appeals and the first respondent is the landlady.

(2.) Civil appeal no. 1715/97 is from the order of the High Court of Andhra pradesh in CRP 873/93 passed on 7/08/1996. Civil appeal no. 1716/97 is from the judgment of the High Court of andhra Pradesh in CRP 17/93 passed on 10/12/1996.

(3.) To appreciate the questions that arise in these cases, it will be appropriate to refer to the facts giving rise to these appeals briefly. The respondents filed RC 244/83 in the court of IInd additional rent controller, Hyderabad, for eviction of the appellant from the premises no. H. No. 11-4-773 and 11-4-773/1, Bazar Street, hyderabad, (for short 'the building') on various grounds including default in payment of rent for the period 1/05/1983 to 31/10/1983 under section 10 of the A. P. Buildings (Lease, Rent and Eviction) control Act, 1960 (for short 'the act'). While the said RC was pending, she filed RC 20/85 before the rent controller seeking eviction of the respondent under section 10 (2) (ii) (a) of the Act on the ground that she has sublet a portion of the suit premises to the second respondent therein who is carrying on the business of supplying building material in the name of and style of M/s Shyama Traders. She also filed RC 115/84 in the court of principal rent controller on the ground that the respondent committed wilful default in payment of rent for the period 1/11/1983 to 31/03/1984, under section 10 (2) (1) of the Act. While these cases were pending, the first case, rc 244/83 was dismissed on 4/04/1988. The order of dismissal in that R. C. has become final.