KHUBOHANDANI TRADING IN THE NAME OF SAVIT ELECTRONIC CORPORATION PRAKASHAM ROAD, GOVERNERPET VIJAYAWADA Vs. KOLLIPARA KANAKA DURGA

JUDGEMENT

(1.) This civil Revision Petition under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter referred to as 'the Act') gives rise to a short but interesting question of law relating to the maintainability of an application by the landlord under Section 10(2) of the Act for eviction of the tenant for committing default in payment of rent during the pendency of a prior application for eviction or appeal against the order of dismissal of the prior application for eviction.

(2.) In order to appreciate the scope of the question, it is necessary to refer briefly to the material facts that gave rise to the same. The petitioner is a tenant of the suit premises owned by the respondent-landlady on a monthly rent of Rs. 45/- since some years prior to 22-1-1969 when H.R.C. No. 32/69 was filed by the respondent for eviction of the petitioner on the ground of wilful default in payment of rent and personal acquirement. The said petition was dismissed by the House Rent Controller. Thereupon, C.M.A. No. 44/1970 was filed by the respondent before the sub-court, Vijayawada. Pending disposal of that appeal an application H.R.C. No. 177/70 under Section 10(2)(i) of the Act for eviction of the petitioner tenant on the ground of wilful default in payment of rent for the months of April, May and June, 1969 and January, April and May, 1970 was filed by the respondent on 12-10-70. The period in respect of which the default in payment of rent is said to have been committed by the petitioner tenant is during the pendency of the earlier H.R.C. No. 32/69 and C.M.A. No. 44/1970.

(3.) The tenant resisted the claim of the landlady on the ground that such an application was not maintainable, that the only remedy available to the landlady is under Section 11(4) of the Act and that, in fact no default was committed by him in payment of rent for those months.