K LAKSHMINARASAIAH Vs. R KRISHNA

JUDGEMENT

(1.) This Civil Revision Petition arises under the Andhra Pradesh buildings (Lease, Rent and Eviction) Control Act. The landlord is the Revision Petitioner.

(2.) The material facts so far as they are relevant are stated below :- the respondent has been in occupation of a portion of the suit building as the petitioner's tenant on a monthly rent of Rs 18/- exclusive of electricity charges. The tenant fell into arears of rent for six months from June, to November, 1964 i. e. Rs. 18/- and electricity charges for three months, September, October and November, 1964. The petitioner filed an application before the Rent Controller for the eviction of the respondent on the ground that he was a wilful defaulter. In his counter the respondent raised two pleas. (1) The land-lord used to come and collect the rents once in six months or so at his convenience and the rent fell into arrears because of the landlord's failure to come and collect the rent. (2) He was suffering from severe chronic stomach ache and was not attending the shop.

(3.) In view of those circumstances beyond his control, he informed the petitioner that he will pay the arrears after recovery of his health, to which the petitioner agreed. He was, therefore, not a wilful defaulter. The terms of tenancy are evidenced by a written agreement, under which the tenant agreed to pay the rent soon after the expiry of the month without fail.