GUNTUBOYINA KRISHNA Vs. VANGAPANDU BALARAM

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 12-9-2002 passed in R.CA No.9of 1999 by the Senior Civil Judge-cum-Rent Control Appellate Authority, Vizianagaram, confirming the order dated 27-2-1999 passed in R.C.C.No.23 of 1996 passed by the Principal Junior Civil Judge-cum-Rent Controller, Vizianagaram.

(2.) The petitioners herein are the landlords and the respondent is the tenant. The landlords filed R.C.C.No.23 of 1996 seeking eviction of the tenant on the grounds of wilful default in payment of rents for the months of October and November 1991 and that the tenant secured an alternative accommodation in the name of one of his family members, which is fit for residence. The tenant resisted the said eviction petition. The learned Rent Controller considered the points as to whetherthe tenant committed wilful default in payment of rents forthe months of Octoberand November 1991 and whether he has secured alternative accommodation in the name of his wife.

(3.) Insofar as wilful default in payment of rents is concerned the courts below concurrently held that the rents for the month of October and November 1991 have been deposited and the landlords had withdrawn the same. Therefore, there was no wilful default on the part of the tenant in payment of rents.