R RAMANUJAM Vs. D VENKAT RAO

JUDGEMENT

(1.) Civil Revision Petition No. 1324 of 1981 is directed against the judgment passed by the Chief Judge, City Small Causes Court, Hyderabad, in R. A. No. 1 of 1976.

(2.) One K. Rajayya was the original tenant, who took the premises bearing Nos. 3-4-154 and 3-4-155. Tobacco Bazar, Secunderabad, on a monthly rent of Rupees 100 from the landlord. Rajayya died on 29-1-1971, Rajayyas concubine Seethamma, who has living with Rajayya, at the time of his death, requested the landlord to allow her to continue in the premises in question after the death of Rajayya on the same rent of Rs.100 per month from 1-2-1971 till she gets an alternative accommodation. The landlord agreed to take Seethamma as his tenant and permitted her to be in the occupation of the suit premises on the same rent of Rs.100 per month from 1-2-71. As she failed to pay the rents from 1-2-1971 terminating the tenancy of Seethamma and asked her to vacate the premises by January, 1973 and demanded her to pay rupees 2,200 towards arrears of rent. Thereafter the landlord filed eviction petition against Seetahmma on the Ground of willful default in the payment of rents. He also took the ground of subletting alleging that Seethamma had sublet the premises to one Ramanaujam, the nephew of the original tenant, Rajayya.

(3.) Seethamma resisted the eviction petition. She denied the landlords allegation that after the death of Rajayya she requested the landlord to allow her to be in the occupation of the premises in question on the rent of Rs.100 per month from 1-2-1971 till she gets an alternative accommodation and she asserted that she was not the tenant of the landlord. She also contended that Ramanujam, the nephew of Rajayya is tenant of the suit premises after the death of Rajayya. She, therefore contended that she did not commit any willful default nor any sub-letting.