VIJAYA TRADING COMPANY Vs. VALLABH VYAS

JUDGEMENT

(1.) The unsuccessful tenant in both the Courts below is the revision petitioner. The present revision petition is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter called as the Act for brevity). The landlord is the respondent in this civil revision petition. The parties will be referred to as they are arrayed in RCC .No.234 of 1984, as landlord and tenant.

(2.) The landlord filed RCC No.234 of 1984 on the file of the learned Rent Controller, Vijayawada, against the tenant seeking the relief of eviction on the ground that the tenant neither tendered nor paid the rents for the months from April to July, 1984, in spite of the demands and committed willful default. The tenant had taken the petition schedule godown on a rent of Rs. 300.00 per month, the tenancy is for month to month and the rent is payable on every first of the calendar month. The tenant had taken the schedule premises for his business purpose, which is being carried on in the name and style of "Vijaya Trading Company".

(3.) The tenant had denied all the allegations and taken the stand that the landlord is a resident of Rajahmundry and he used to collect the rents through his clerk as and when he pleased to do so and subsequently the landlord used to collect the rents through his brother's son, by name Vasu and the said Vasu demanded the tenant in the second week of May, 1984 for abnormal enhancement from Rs.300 to 600.00 for which the partner of the Vijaya Trading Company, Nalam Laxmaiah was not agreeable, he also expressed to the said Vasu for fair and reasonable enhancement of rent and the said Vasu told that he would consult the landlord and let him know subsequently and would collect the rents after settlement. RWs. 2 and 3 also were present at that time. Subsequent to the receipt of the summons only, the tenant, Laxmaiah came to know that he was mislead and misrepresented with ulterior intention to create a ground for default.