KANAMARLAPUDI VENKATARATNAMA Vs. CHUNDURI PADMAVATHI

JUDGEMENT

(1.) Petitioners herein are the tenants and the respondent is the landlady. The landlady filed R.C.C.No.38 of 1993 on the file of the Rent Controller, Nellore for eviction of the tenant-Ranganayakulu, the sole respondent therein During the pendency of the said case he died and his wife and two sons were brought on record as his legal representatives as respondents 2 to 4 who are the petitioners herein. The said eviction petition was filed under Section 10(2) (1) and 10(3) (a) (1) (b) of the A.P.Buildings ( Lease, Rent and Eviction) Control Act, 1960 ( for brevity, 'the Act') seeking eviction of the tenant from the petition schedule property bearing D.No. 18/210 situated in Sikharamvari Street, Nellore Town on the ground of wilful default in payment of rents and that the premises is bonafidely required for the personal occupation. The rent payable as on the date of filing the eviction petition was Rs.250/- per month The tenancy is oral and the rents are payable on or before the 5th day of the succeeding month and the said premises is a residential premises let out to the 1st respondent therein.

(2.) For the purpose of convenience, the parties are hereinafter referred to as they are arrayed in the trial Court.

(3.) There is no dispute that the petitioner is the landlady and the 1st respondent was the tenant. After the death of the 1st respondent his legal representatives, respondents 2 to 4 are the tenants. According to the petitioner the tenant has been paying the rents regulariy, but thereafter started paying the rents irregularly in spite of the objections taken by the landlady.