VINUKONDA VENKATA RAMANA Vs. MOOTHA VENKATESWARA RAO

JUDGEMENT

(1.) Whether default on the part of the tenant to pay all arrears of rent due in respect of the building upto the date of petition or default to continue to pay or deposit any rent which may subsequently become due in respect of the building, would automatically entitle the landlord to obtain an order from the Rent Controller directing the tenant to put the landlord in possession of the building is the question involved in these applications.

(2.) A learned single Judge of this Court in the order of his reference dated 4-8-1997 in C.R.P. No. 4040 of 1995 referred the following questions to a Division Bench :

(3.) Again a Division Bench of this Court in turn referred the matter to a Full Bench by an order dated 17-12-1997 observing : One of the points referred to the Division Bench by the learned single Judge is whether the judgment of a Full Bench of this Court in P. N. Rao v. K. Radhakrishnamacharyulu, AIR 1978 AP 319, is impliedly overruled by the judgments of the Supreme Court in Dakaya v. Anjani, AIR 1996 SC 383 and S. Sundaram Pillai etc. v. V. R. Pattabhiraman, AIR 1985 SC 582. In view of this, we consider it appropriate that the matter should be heard by a Full Bench. Therefore, we direct the Registry to place this matter before the Hon'ble the Chief Justice for appropriate orders.