GUNDU PREEMSAGAR Vs. NAGABANDI JAYASHANKAR

JUDGEMENT

(1.) A learned single Judge of this Court by an order-dated 28-8-2001 has referred the following questions to a Division Bench.

(2.) The revision petition arises out of an order of the learned Principal Senior Civil Judge, Warangal in RCA No.5 of 1994 confirming an order of eviction passed by the learned Rent Controller, Warangal in RCC No.49 of 1984.

(3.) Briefly noted, the facts are: The premises bearing No.8/127/1 situated at Chowrasta Warangal has fallen to the share of the respondent-landlord in the family partition effected in terms of final decree dated 11-10-1973 in OS No.48 of 1973 on the file of the Subordinate Judge, Warangal. One Gundu Chadramouli (died) was the tenant of the premises even prior to the partition. After partition he had executed lease deed on 29-6-1981 in favour of the respondent leasing the premises at Rs.500/- per month. The period of lease was for 11 months commencing from 1-7-1981 and ending by 31-5-1982. The purpose of lease was for running a printing press. Default in payment of even one-month rent was agreed to be considered as wilful default. By the end of October, 1981 the tenant fell in arrears of rent to a tune of Rs.3,000/- i.e., for a period of six months ending 31-10-1981. The respondent addressed a letter to the tenant on 14-11-1981 calling upon him to pay the said amount and also to pay Rs.6000/- as advance and requested him to credit the monthly rents to the account of the landlord in Canara Bank, Warangal. The tenant paid the amount on 15-8-1982 due upto 31-10-1981. Thereafter, the tenant paid the rents at irregular intervals i.e., Rs.1500/- on 13-4-1982, Rs2000/- on 23-7-1982, Rs.1000/- on 16-10-1982, Rs.1000/- on 30-10-1982, Rs.2,000/- on 21-12-1983, Rs.2000/- on 20-3-1984 and Rs.2000/- on 31-3-1984 totalling to Rs.l1,500/- upto 30-9-1983. The landlord, therefore, claims that he is a wilfil defaulter. The lease had expired on 31-5-1982 and with effect from 1-6-1982, the lease shall be deemed to be from month to month.