SHRIKRISHNA OIL MILL Vs. RADHAKISHAN RAMCHANDRA

JUDGEMENT

(1.) THIS is a revision application under section 26 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 challenging the orders passed by the Rent Controller, Latur in Case No. 1982/r. C. A. /o/1 decided on 21st January, 1988 and of the District Judge, Latur, in Rent Appeal No. 3 of 1988 decided on 21-6-1989. By these proceedings the petitioner tenant has been directed to vacate the godown premises bearing Municipal No. 162/163/9 situated at Zinganappa Galli, Latur.

(2.) THE petitioner is a tenant of the premises Municipal No. 162/163/9 situated in Zinganappa Galli, Latur and the respondent is the landlord. These premises were rented out initially at the rent of Rs. 1500/- for the period of one year to locate the Oil Mill of the petitioner firm. That agreement is not on record and which is the year in which the said agreement was effected that is also not on record. But however, both the parties agreed that such an agreement was there. The respondent landlord therefore has made out a case that after the period of the said agreement is over as there was no fresh agreement of tenancy, the petitioner continued to be in possession of the said godown as a statutory tenant and that tenancy therefore is monthly tenancy. It is further stated that the rent from 1-11-1978 and ending for the period 29-9-1981 amounting to Rs. 4250/- was not paid by the petitioner, and therefore, the petitioner has become defaulter so that the respondent is entitled to get the possession of the said premises. Thus the only ground on which the possession has been sought by the respondent landlord is that the petitioner is a defaulter as stated under section 15 (2) (i) of the said Act. As against this the defence of the petitioner tenant is that even though the tenancy was yearly but the period of lease or tenancy was not fixed and therefore, the tenancy was yearly tenancy and the petitioner was not bound to pay the rent on monthly basis. It is further stated that the amount of Rs. 4250/- which was due has been deposited by the present petitioner tenant on the next date of the appearance in Regular Civil Suit No. 482 of 1981 by the landlord before the Rent Controller, and therefore, the petitioner tenant was not a defaulter, and therefore, the proceedings were misconceived.

(3.) THE facts which are proved in this matter and in respect of which there is no dispute are as follows: i) that the petitioner tenant was inducted for the first time on yearly basis and the rent of the premises fixed was Rs. 1500/- for the year. (ii) that the initial period of agreement is over, no fresh agreement was executed in between the parties in respect of the tenancy. (iii) The rent payable was Diwali to Diwali. (iv) that the rent from 1-11-1978 to 29-9-1981 was due from the petitioner tenant as claimed in Regular Civil Suit No. 482 of 1981 and that amount has been deposited by the petitioner tenant in the month of October, 1981 after his appearance in the said suit. Thus the rent for a period 1-11-1978 to 20-10-1979 (year Diwali to Diwali) and from 21-10-1979 to 7-10-1980 (year Diwali to Diwali) and 8-10-1980 to 29-9-1981 (Diwali to Diwali) was shown to have been due and defaulted on the date of the presentation of the application. (v) that Regular Civil Suit No. 482 of 1981 was decreed in respect of the payment of Rs. 4250/- by the petitioner tenant and ultimately Darkhast No. 42 of 1983 was filed for recovery of Rs. 1353-79 Ps. including the rent found due and interest and the costs of the suit etc. (vi) that Regular Civil Suit No. 7 of 1983 was filed on 18-1-1983 and decreed on 26-6-1984 and Execution Petition No. 3 of 1985 was filed for the recovery of Rs. 938-16 Ps. even though the initial suit was for Rs. 2000/ -. (vii) Regular Civil Suit No. 19 of 1984 was filed on 27-1-1985 and so also Regular Civil Suit No. 64 of 1985 was filed on 15-4-1985 and decreed on 11-12-1987 and the amounts of those decrees are recovered by filing Execution Petitions. All these suits were filed for recovery of the rent.