PREMKUMAR S/O PAPALAL JOSHI Vs. JAGIR AHMED

JUDGEMENT

(1.) THE applicant is the landlord of Municipal House No, 45, situated in Ward No. 59 on Plot No. 7, of Sheet No. 13 -D at Bandera in the tehsil and district of Amravati. The Respondent is the tenant in occupation. The respondent was inducted as a tenant of the premises on a monthly rent of Rs. 60/ -. The tenancy commenced from the 23rd day of each English Calender month and ended on the 22nd day of the succeeding month. The respondent failed to pay the arrears of rent for the period between 23rd April, 1979 and 22nd July, 1980. The applicant moved the Rent Controller, Amravati and sought his permission to issue a notice determining the tenancy under Sub -clause 3(i) and 3(ii) of Clause 13 of the C. P. and Berar Letting of Houses and Rent Control Order, 1949. Clause 13(3)(i) requires the Rent Controller to be satisfied that on the date of the filing of the application, the tenant was in arrears of rent for any aggregate period of six months and that he had failed to deposit with the Controller the amount of arrears alongwith simple interest at the rate of 9% per annum, as ordered to be deposited by the Controller within such time as may be fixed by him. Under Clause 13(3)(ii) the Controller has to be satisfied that the tenant is in habitual arrears of rent.

(2.) ON the application which was moved by the landlord, the Rent Controller granted his permission on 2nd May, 1981, with reference to Clause 13(3)(i) of the Rent Control Order. Thereupon, on 26th April, 1982, the landlord Issued a notice terminating the tenancy of the tenant with effect from 23rd May, 1982, and called upon him to pay the arrears from 23rd April, 1979 until 23rd May, 1982. Appeals were thereafter preferred to the Resident Deputy Collector under Clause 21 of the Rent Control Order. The landlord preferred an appeal in so far as the Rent Controller had declined to grant permission with reference to the ground that the tenant was habitually in arrears (Clause 13(3)(ii)), while the tenant moved the Appellate Authority against the grant of permission under Clause 13(3)(i). On 28th January, 1986, the appeal that was filed by the landlord came to be allowed, while the appeal of the tenant was dismissed by the Appellate Authority. Thereupon, on 16th May, 1986, a second notice came to be issued by the applicant terminating the tenancy with effect from 23rd June, 1986 and demanding the payment of arrears for the period 23rd April, 1979 to 22nd June, 1986.

(3.) THE applicant thereafter instituted a suit for eviction before the learned Civil Judge, Senior Division, Amravati, being Small Cause Civil Suit No. 156/1990. That suit came to be decreed on 9th December, 1991 and the respondent was called upon to hand over vacant possession of the premises on or before 31st March, 1992. The respondent was also directed to pay an amount of Rs. 2710/ - together with interest and future mesne profits. The tenant thereupon moved an appeal before the learned Additional District Judge, Amravati and by the impugned order dated 17th June, 1995, the appeal has been allowed and the decree for possession has been set aside. The Appellate Court has however confirmed the money decree for Rs. 2710/ - together with interest thereon at the rate of 18% per annum.