FATIMA BI Vs. MOHD AKBAR HUSSAIN

JUDGEMENT

(1.) This petition is directed against the Judgment passed by the Subordinate Judge, Nizamabad in Rent Appeal No.15 of 1972 confirming the order passed by the Rent Controller in R.C. No.11 of 1968 dismissing the eviction petition. The landlady is the petitioner and the tenant is the respondent in this petition.

(2.) The landlady of the premises No. 4-3-244 (new) situated at Old Market, Gandhi Chowk, Nizamabad, seeking eviction of the tenant (who is the respondent in this revision petition) on the grounds of wilful default and personal requirement filed the eviction petition R.C. No. 11 of 1968.

(3.) Regarding the wilful default, the petitioner contends that the respondent entered into rent agreement with her agreeing to pay a monthly rental of Rs.38 and he failed to pay the rents every month and was paying rents once in two months or three months or six months as he pleases and he remitted the rent for the months of January and February, 1966 through money order and thus the respondent committed wilful default in the payment of rents regularly.