GOPINATH PILLAI S Vs. K VENKATESWARLU

JUDGEMENT

(1.) The C.R.P, is filed assailing the Order of the learned Rent Control Appellate Authority-cum-Senior Civil Judge, Nellore in C.M.A. No. 14 of 1992 affirming the Order of the learned Rent Controller-cum- District Munsif in R.C.C. No. 44 of 1985, dated 14-9-1992-

(2.) The petitioners are the tenants. The respondent-landlords filed petition for eviction in R.C.C.No. 44 of 1985 on the ground of wilful default, bona fide requirement and that the tenant committed acts of damage which materially affected the utility of the premises.

(3.) Before the lower Court it is the case of the respondent-landlords that the premises which is the petition schedule property -fell to their share in a partnership dissolution proceedings in the year 1970. Subsequently, in 1971, they constructed the buildings and installed machinery in the premises for running a sawmill. But, however, the same was let out to the 1st respondent-tenant in the year 1976, for the purpose of running the mill, On a monthly rent of Rs. 700/-. The tenancy was month to month and the rent was payable on 1st of every succeeding month. The tenant committed wilful default in payment of rent for the month of January and February, 1985 and even though the rent was paid at a later stage, it amounted to wilful default and therefore, the tenant was liable to be evicted.