A A RAMAYYA Vs. THEEGALA VENKATRAMAYYA

JUDGEMENT

(1.) The respondent herein filed two Petitions Nos. 2 and 3 of 1970 on the file of the District Munsif-cam-Rent Controller's Court, Srungavarapukota, for eviction against the petitioner herein under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act of 1960 (hereinafter referred to as 'the Act').

(2.) The petitions were contested by the present petitioner pending these petitions, the respondent moved I.A. No. 7 of 1971 and I.A.No. 8 of 1971 filed under section 11 of the Act for eviction on the ground that the petitioner herein has committed default in payment of rent during the pendency of these petitions. It was the contention of the petitioner herein that had paid the rent for the months of March, April, and May 1969, which was disputed by the respondent. The petitioner however, deposited, the entire rent due for the period from 1st June, 1969 to 1st February, 1971 without prejudice to his contention in both the cases. He failed to pay for the subsequent period. The respondent, therefore, moved again under section 11 (4) for eviction and for stay of the proceedings.

(3.) In these petitions the petitioner herein as respondent did not file any counter and wanted 3 or 4 days "time for depositing the amount. The Rent Controller, however, refused that request for time and allowed the I. As., thereby directing the petitioner herein to put the respondent-landlord in possession of the building. Against those orders, the petitioner herein has preferred C.M.A. Nos. 31 and 32 of 1971 before the lower Appellate Court He has also preferred C.M.A. Nos. 28 and 29 of 1971 against the orders of eviction passed ultimately on the basis of orders on I.As. in the main petitions for eviction.