DAKAYA ALIAS DAKAIAH Vs. ANJANI

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. This appeal is directed against the decision of the High Court of Andhra Pradesh dated February 13, 1993, passed in Civil Revision Petition No.2824 of 1994 (sic). By the said impugned judgment, the Andhra Pradesh High Court has dismissed the revision application made against the order dated July 4, 1994 of the Additional Chief Judge, City Small Causes Court, Hyderabad in R.A. No.203 of 1992 affirming the order dated April 29, 1992 passed by the Prl. Rent Controller, Secunderabad in R.C. No.316 of 1988.

(3.) The respondent-landlady made an application under Section 10 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the A.P. Rent Act) for eviction of the tenants appellant on the ground of wilful default of payment of rent for the period September, 1988 to November, 1988 amounting to Rs.1125/-. There is no dispute in this case that the tenant failed to make the payment within the stipulated period for the said months. It, however, appears to us that the landlady gave a notice to the tenant on December 8, 1988 claiming payment for the said months of September, 1988 to November, 1988. The landlady, however, demanded surrender of the tenancy of the tenant within one week from the date of receipt of the notice dated December 6, 1988. The tenant initially sent a money order for a sum of Rs.375/- being the monthly rent on December 7, 1988 and such amount has been received by the landlady and accepted by her. Within five days thereafter, on December 12, 1988, the tenant sent a Bank Draft for Rs.1125/- and it is an admitted position that such draft was received by the landlady before finding (filing) the suit for eviction. The said draft, however, has not been encashed by the landlady and the same has been deposited before the Rent Controller in the eviction proceedings. The eviction petition was filed before the Rent Controller on December 19, 1988.