S KHADERWALLI SAHEB Vs. S VENKATARAMAN

JUDGEMENT

(1.) 1. This is a revision petition under Section 22 of the Andhra Pradesh Buildings (Lease, Kent and Eviction) Control Act, 1960 (hereinafter referred to as 'the Act') The landlord is the petitioner.

(2.) The question that is raised in this revision is one turning uponthe meaning of the expression "all arrears of rent due in respect of the building up to the date of payment or deposit" in section 11(1) of the Act.

(3.) The facts necessary for the determination of the question are : The petition for eviction was filed on 24-4-70. The counter by the respondent was filed on 15-7-70, On the date of the counter itself, the tenant had deposited a sum of Rs, 900/- as the monthly r?nt due at the rate of Rs. 150/- per month from January, 1970 to June, 1970. The contention of the landlord before the Appellate Authority was that as per section 11 of the Act, it was mandatory that the arrears of rent due till the date of filing of the counter should have been deposited by the tenant and as the tenant who had filed the counter on 15-7-70 bad not deposited the rent up to 15-7-70 also, he had contravened the provisions contained in section 11(1) of the Act by not depositing the 15 days" rent due in the month of July. In other words, the conter- tion was that he had not deposited the arrears of rent due upto the date of deposit. It was contended by the tenant that the tenancy was a monthly tenancy and that he was therefore not liable to pay the rent for July till the completion of the month of July that therefore the deposit made by him for six monshs upto the end of June was a valid compliance with the requirements of S 11(1} of the Act. The contention of the landlord did not find favour with the Appellate Authority who held that the tenant had paid the entire arrears due and therefore was no question of his passing an order for eviction. Before me the same contention was raised.