A TULASIDAS Vs. B POORNACHANDRA RAO

JUDGEMENT

(1.) The tenant of a nonresidential premises door bearing No.20/3/24 situated at Guntur Municipality (hereinafter referred to as 'the said property') filed this revision petition questioning the order dated 12/02/2002 on the file of the Principal Senior Civil Judge, Guntur, passed in RCA No.17/1995 in dismissing his appeal filed against the order dated 02/02/1995 made in R.C.C. No.21/1992 on the file of the Rent Controller, Guntur ordering of the eviction of the petitioner herein.

(2.) The respondent - landlord in the said premises has filed an application under Section 10 (2) (i) (iii) and (3) (a) (ii) of the A.P.Building (Lease Rent & Eviction) Control Act, 1960 (for short 'the Act') for eviction of the tenant on the ground of the willful default of payment of rent, acts of waste and bona fide requirement of the said nonresidential premises. The Rent Controller held that there was default of two months rent and negatived the grounds of acts of waste and held that the premises is bona fide required for the purpose of carrying on the business by the landlord. Aggrieved by the same, the tenant/petitioner herein filed R.A.17/1995. The Rent Appellate Authority confirmed the order of the trial court. Against the said order, the petitioner filed the present revision petition.

(3.) So far as the willful default of payment of rent for the months of January and February, 2002 is concerned, admittedly there is a deposit of Rs.700/- and the monthly rent is only Rs.210/-. Even the aforesaid rent has been paid on 23/03/1992 and the eviction petition filed in April, 1992 and as on the date of the filing of the eviction petition, there are no arrears of rent, and therefore, no cause of action continues for filing the petition for eviction of the tenant on the ground of willful default. There are no arrears of rent as on the date of filing of the application, and therefore, the question of any willful default in payment of rent does not arise and accordingly the said finding of the both the authorities below that there is a willful default of payment of rent is set aside. There are no arrears of rents as on the date of filing of the eviction petition and the tenant has not made any willful default for payment of rents. The only question that falls for consideration in this revision petition is whether the suit schedules premises is bona fide required for the business purpose of the landlord/respondent herein.