MOHAMMAD SABIR Vs. SYED FAREEDUDDIN SABRI

JUDGEMENT

(1.) The petitioner in the instant C.R.P. challenges the judgment of the learned Additional Chief Judge, City Small Causes Court, Hyderabad in R.A.No. 43 of 1996 dated 21-8-2000 reversing the order passed by the learned IV Additional Rent Controller, Hyderabad in R.C.No. 215 of 1992 dated 12-12-1995.

(2.) The respondent herein filed eviction petition against the petitioner seeking recovery of possession of the petition schedule property. According to the averments made in the eviction petition, the respondent is the owner and landlord of the premises bearing No. 5-6-605 situated at inside Dargah Hazarath Shah Khamoosh Sahab Quibla at Nampally, Hyderabad. The petitioner is the tenant and rent of Rs. 100/- per month was payable on or before 5th of every succeeding month. According to the respondent-landlord, the tenancy is attorned by a lease deed at the inception of tenancy and thereafter the petitioner is being continued. It is alleged that the petitioner herein committed wilful default in payment of rents from October, 1991 to March, 1992. Hence the eviction petition.

(3.) The petitioner herein resisted the eviction petition. However, he has admitted that he is a tenant in the petition schedule premises. It was also admitted that rent payable thereof is Rs. 100/- per month. However, the petitioner herein raised the plea disputing the ownership of the respondent. The property according to the petitioner belongs to the wakf and the respondent herein let out the same to the petitioner in his capacity as Mutawalli. However, the petitioner herein denied that he is a wilful defaulter. According to him, the practice between the parties is that the landlord used to come and collect the rents at his convenience once in four months, five months and six months or ten months and there is no practice of payment of rent month by month.