MOHD MOHEINUDDIN FAROOQUI Vs. MOHD ABDUL HAMEED

JUDGEMENT

(1.) Petitioner herein is a tenant. The respondent filed R.C.No. 602 of 1993 on the file of the III Addl. Rent Controller, Hyderabad seeking eviction of the tenant from the petition schedule premises on the ground of wilful default in payment of rent. The respondent-landlord filed I.A.No. 784/93 under Section 11 (1) of the Andhra Pradesh Building (Lease, Rent & Eviction) Control Act (hereinafter, referred to as the 'Rent Control Act') seeking a direction to the tenant petitioner to deposit the arrears amounting to Rs. 8,945/- for the period 18-8-1988 to September 1993. and a further sum of Rs. 6.600/- towards the rent for the amenities provided. The Rent Controller allowed the LA. by his order dated 16-7-1994 and directed the petitioner to deposit arrears of rent at Rs. 250/- per month from 18-8-1988 to 20-6-1990 and at Rs. 285/- per month from 21 -6-1990 to 30-6-1994 by 1-8-1994. The petitioner was also directed to pay future rent at Rs. 285/- per month on the 5th of every succeeding month. Aggrieved by this order, the petitioner preferred R.A.No. 472 of 1994 before the appellate authority (Chief Judge, City Small Causes Court) who. by his order dated 24-10-1994 dismissed the appeal. C.R.P.No. 100 of 1995 is filed against that order.

(2.) The respondent landlord filed another interlocutory application I.A.No. 588 of 1994 under Section 11 (4) of the Act seeking a direction that the tenant should deliver vacant possession by reason of his failure to comply with the directions given by the Rent Controller in I.A.No. 784 of 1993. The said I.A having been allowed by an order dated 10-8-1994, the tenant preferred R.A.N6. 515 of 1994. The appellate authority dismissed the said appeal as a consequence of dismissal of the said RANo. 472 of 1994, C.R,P.No. 101 of 1995 is directed against that order.

(3.) The case of the respondent is that he purchased the premises bearing No. 17-3-756/3 situated at Jaffer Road, Yakutpura, Hyderabad from one Sri P. Ramaswamy (P.W.I) on 22-5-1992 and that the petitioner failed to pay rent from the inception of the tenancy. To cover up his default, he filed an application R.C.No. 613 of 1992 under Section 9(3) of the Act for permission to deposit the rent in Court as he entertained a doubt as to who was entitled to receive the rent. That petition was allowed with a direction to deposit the rent including the arrears of rent at the rate of Rs. 300/- into court to (he credit of the respondent (2nd respondent in R.C.No. 613 of 1992) who became the owner of the property by purchasing the same from Sri Ramaswamy (1st respondent therein). The arrears of rent was directed to be deposited within 15 days from the date of the order and the future rent On 5th of every succeeding month. This order was passed on 23-4-1993. The directions given in that order were not complied with and the petitioner did not pay the rent upto 30th September 1993 i.e. til the date of filing I ANo. 784 of 1993. Hence the I.A was filed to direct the petitioner tenant to pay a sum of Rs. 16,545/- towards arrears of rent.