VASUDEVA Vs. MISRI BAI

JUDGEMENT

(1.) The question raised in this revision petition is whether the irregular payments of rents made by the tenant on the facts of the case amount to wilful default. Both the counsel submit that the derision of Sherfuddin Ahmed J., reported in V. Ram aratnamma v, R. Panayya and the judgment of Sreeramulu J., in C.R.P.No. 1492/71 dt. 16-7-71 (K. Lakshminarasayya v R. Krishna) do not understand the division Bench case reported in L. Subbayya v. The Subordinate Judge, Vijayawada (in the reports the page is wrongly given as 756) in the same way. While Sreeramulu J. seems to rely upon the Division Bench case reported in L. Subbayya v. The. Subordinate Judge, Vijayawad Sherfuddin Ahmed, J., refused to rely upon the same on the ground that the question before the Division Bench was a case of ruero default under the old Act and not wilful default. Sreeramulu J, on the other hand in bis judgment observes that the observations of Sherfuddin Ahmed J and his reason for not following the decision in L. Subbayya v. The Subordinate Judge, Vijayawada are not correct and Sherfuddin Ahmed J. did not follow the Division Bench case of the Madras High Court under an erroneous impression of the true position regarding the relevant provision.

(2.) I consider it desirable that the matter be posted before a Division Bench. The orders of My Lord Chief Justice may be obtained for directions for posting before a Division Bench. In pursuance of the above said order, this petition again coming on for healing before this court on Friday the 15th and Monday the 18th days of September 1972 upon perusing the petition and the orders of the lower appellate court and the Addl. Rent Controller, and the records in the case and upon hearing the arguments of M/s. M P. Ugle and N V Desphande Advocates for the petitioner and of M/s. B.V Subbarayudu and C.K. Raja Reddy Advocates for the respondent, and having stood over for consideration till this day, the court delivered the following.

(3.) When this revision came up for disposal before our learned brother A.V. Krishna Rao J. the learned Judge, noticing the difference in the views expressed by Sherfuddin Ahmed J in the case of V. Ratnaratnamma v. R. Panayya and that of Sreeramulu J in C.R.P. No. 1492/71 datfd July 16, 1971 K. Lakshminarasayya v. R, Krishna with respect to the concept of wilful default as occurring in Section 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1900 reffried the matter to a Division Bench.