J NARAHARI CHARI Vs. B R JAIN

JUDGEMENT

(1.) This revision is directed against the Judgment and Decree dated 6-3-2002 in R.A. No.13 of 1998 on the file of Additional Chief Judge, City Small Causes Court, Hyderabad dismissing the appeal and confirming the orders dated 31-10-1994 passed in R.C. No.533 of 1994 on the file of the Principal Rent Controller, Hyderabad ordering eviction of the tenant.

(2.) The facts of the case read as follows: Respondents herein are the landlords, who filed R.C. No.533 of 1994 under Section 10(2)(i) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act 1960, for eviction of the respondent/tenant from the demised premises on the ground of wilful default. Landlords contended that the respondent/tenant executed a lease deed dated 2-6-1984 for 11 months and he was continuing in the said premises subsequently also. The respondent/tenant paid the rents up to April 1994 and thereafter committed default in payment of rents from May 1994 to August 1994 and also failed to pay the electricity consumption charges to the Department and thereby liable for eviction.

(3.) The tenant denied the allegations and contended that the landlords have been receiving the rents at irregular intervals. He further contended that the landlords used to collect the rents at their convenience. He paid an amount of Rs.720/- by Money Order and the same was received before first appearance in R.C. Further, the tenant paid an amount of Rs.25,000/- to the petitioner on 31-5-1984 towards security deposit and suppressing the said fact, the landlords filed the petition for eviction.