M SAROJINI DEVI Vs. JUGAL KISHORE SANGHI

JUDGEMENT

(1.) This C.R.P. is filed challenging the order dated 29.06.2010 passed in R.A. No. 96 of 2009 by the Additional Chief Judge, City Small Causes Court, Hyderabad, confirming the order dated 25.08.2009 passed in R.C. No. 129 of 2005 by the I Additional Rent Controller, Hyderabad.

(2.) The parties hereinafter will be referred to as they are arrayed before the Rent Controller for the sake of convenience.

(3.) The case of the petitioner, in brief, is as follows. He is the owner and landlord of the non-residential building/mulgi bearing No. 22-5-226 situated at Kalikaman, Hyderabad. Originally the husband of the first respondent and father of the respondents 2 and 3, namely M. Shankaraiah was the tenant of the said petition schedule mulgi and the tenancy was oral on month to month basis as per English calendar. The agreed rent is payable by 10th of every succeeding month. M. Shankaraiah died on 09.03.2004. The respondents became the tenants of the petition schedule premises. The present monthly rent is Rs.1,000/-exclusive of electricity consumption charges and property taxes. His further case is that the respondents paid rent for the month of July 2003 on 07.08.2003 and obtained receipt No. 17 and thereafter they failed to pay the rent in spite of repeated demands. Therefore, he got issued a legal notice dated 17.09.2004 to the respondents calling upon them to pay the arrears of rent from August 2003 to August 2004. Though the second respondent received the said notice, but there is no reply from him and the notices sent to the other respondents were returned as 'unclaimed'. Alleging that the respondents have committed willful default, the petitioner filed the eviction petition under Section 10(2)(i) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act').