LAWS(APH)-1973-11-8

ADAPA ABBAYI Vs. REDDIPANTULU CHOUDHRY

Decided On November 01, 1973
ADAPA ABBAYI Appellant
V/S
REDDIPANTULU CHOUDHRY Respondents

JUDGEMENT

(1.) This revision petition raises a question of law which is of far-reaching importance. It arises in the following circumstances.

(2.) The respondent herein filed an application under Section 13 (a) of the Andhra Tenancy Act, hereinafter called the Act, for terminating the tenancy and eviction of the petitioner herein, the tenant. It was alleged that petitioner had to pay rent for the fasli year 1374 on 15/01/1965, but paid the amount in two instalments, on 6-5-1965 and the other on 20-7-1965. Rent for the Fasli year 1375 was due on 15-1-1966 but was paid on 6-3-1966. Similarly the rent for the Fasli year 1376 although due on 15-1-1967, was actually paid on 24-3-1967. For the Fasli Year 1377 the rent was paid on 3-4-1968 although it fell due on 15-1-1968.

(3.) Thus even though on the date of petition, no rent was due, the petition was based on the defaults for the four years as above inasmuch as the rents were not paid on due dates. Even though the rents were subsequently accepted by the landlord, the said defaults were treated as providing cause of action for eviction.