P VEERESHAM Vs. UTTAMCHAND BHANDARI

JUDGEMENT

(1.) This revision is directed against the order of the Chief Judge, Small Causes Court, Hyderabad dated 5/03/1962 and made in Rent Appeal No. 11/3 of 1961, whereby the order of the Rent Controller directing the eviction of the tenant has been set aside.

(2.) The petitioner landlord instituted proceedings before the Rent Controller, claiming that the tenant who had acquired premises No. 7475, situated at Khanduji Bazaar, Secunderabad at the rate of Rs. 25 per month had failed to pay rents for a period of three months viz., August, September and October 1958 as also a sum of Rs. 9 being the difference of accounts in payment of rents and electricity charges. This was resisted by the tenant alleging that there were earlier proceedings pending before the Rent Controller and that a petition for fixation of fair rent was also on his file. Therefore, the amount was to be paid after the first petition was dismissed and fixation of fair rent ordered. It was also conceded by him that there was default but this was due to the fact that the landlord was not agreeable to receive the amount unless the proceedings had been disposed. The Rent Controller on a consideration of the evidence and facts of the case came to the conclusion that the tenant was a willful defaulter and in the view directed him to vacate the premises on or before 27/01/1961.

(3.) Aggrieved by this order, the tenant went in appeal to the Chief Judge, City Small Causes Court, who as stated above allowed the appeal, reversed the finding of the lower Court mainly on the ground that the 2nd petition during the pendency of the 1st petition was not maintainable relying on the decision in M. Sitaramanjaneyalu v. P. G. Krishnayya, AIR 1952 Mad 283. He also held that having regard to the fact that an application for eviction was pending before the Rent Controller and proceedings of fixation of fair rent were also in prog I)1lay in payment of rent for one month or so at the time of tendering the rent was excusable.