SALVARI VISHWANADHAM Vs. MANKALI VENKATAMMA

JUDGEMENT

(1.) The point that calls for determination in this civil revision petition is whether an application to restore an appeal dismissed for default falls within the protection of rule 11(3) of the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Rules, 1961.

(2.) This revision petition was first heard by our learned brother, Sharfuddin Ahmed J., on 21-5-1963 and he desired it to be placed before a Bench for an authoritative pronouncement as he felt that it is a matter of much importance.

(3.) A few material facts may be recited for an appreciation of the contentions arising in this petition. The petitioner is a lessee of a certain premises belonging to the respondent in the Secunderabad town. As he defaulted in the payment of rent for four months an application under Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (XV or 1960) was filed for evicting the tenant. On a number of occasions, orders were passed ex parte directing the eviction of the petitioner but they were subsequently set aside; ultimately, in October 1960, an order of eviction was passed after holding an enquiry in the presence of both parties.