PUWADA VENKATESWARA RAO Vs. CHIDAMANA VENKATA RAMANA

JUDGEMENT

(1.) The defendant-appellant had taken a house on rent under a registered lease dated 10th February, 1958, on a monthly rent of Rs. 250/- for a period of five years for running a lodging house. It is admitted by both sides that in February, 1963, the lease had expired. According to the landlord respondent, the defendant-appellant had continued to hold over as a tenant "on the same terms" by which he, presumably, meant that it was a month to month tenancy.

(2.) The Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the Act') came into operation before the lease expired.

(3.) The appellant seemed to be constantly making defaults in payments of rent. The landlord respondent had, therefore, , to file a suit for arrears of rent in the Court of District Munsif. Visakhapatnam, which was decreed on 4th April, 1962. The landlord respondent had to file a petition on 21st April, 1962, under Section 10 of the Act before the Rent Controller, Visakhapatnam for the eviction of the appellant as no rent was paid from 1st December, 1961 to 31st March, 1962. There was a compromise on 12th October, 1962. The appellant agreed to clear arrears and to pay rents regularly. The appellant, however, willfully defaulted again in payments of rent from September, 1963 to April, 1964. A notice dated 8th April, 1964, was sent by registered post by the landlord respondent to the appellant terminating his tenancy and calling upon him to pay up the arrears of rent and vacate the house by the end of April 1964. This came back with the endorsement that the appellant was refusing to accept it. On 9th April, 1964, the respondent filed another petition under Section 10 of the Act before the Rent Controller of Visakhapatnam who ordered the eviction of the appellant after holding all the flimsy defences of the appellant to be unsubstantiated. The Subordinate Judge of Visakhapatnam dismissed the tenant's appeal on 23rd October, 1968. The appellant's revision application to the High Court was also rejected on 19th August, 1969.