CHALAVADI KOTI SURYAM Vs. IMMADI RAMACHANDRA RAO

JUDGEMENT

(1.) The unsuccessful tenant in both the Courts below is the revision petitioner. The respondent-landlord filed the petition under Section 10(2)(ii)(b) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as the Act, for brevity). The respondent in the revision petition is the landlord. The parties hereafter will be referred to as landlord and tenant for the purpose of convenience.

(2.) The landlord filed the eviction petition RCC.No.53 of 1994, which was renumbered as RCC.No.205 of 1996 on the file of the learned Rent Controller, Vijayawada under Section 10(2)(ii)(b) of the Act. The petition schedule premises was let out to the tenant for residential purpose on a monthly rent of Rs, 305.00 payable by the end of the very month. On the ground of willful default in payment of the rent the eviction petition was filed and the Court had passed the eviction order and the tenant shifted his residence from the schedule premises to Ksheerasagaram Buildings, D.No.27-37-123, first floor, converting the schedule premises for keeping his business material and using the same for non-residential purpose. Thus the tenant had changed the purpose of the lease and he is not paying the monthly rentals even through the rent control proceedings are pending against him. He has been paying the rents once in three or four months at his will and pleasure.

(3.) The tenant had filed counter denying all the allegations and contending that he had never committed default in payment of rents, that the allegations made in RCC.No.53 of 1994 are not correct and that he has not shifted his residence from the schedule premises to Ksheerasagaram Buildings. He also denied the allegation relating to the change in user of the building. It was also further alleged that he has been paying rents regularly and he is not using the premises for a different purpose as alleged by the landlord.