RAJENDRA PRASAD AGARWAL Vs. MYSARI ANASUYA

JUDGEMENT

(1.) Petitioners herein are the tenants in respect of the premises bearing No. 15-9-506, situated in Mahaboobgunj, Hyderabad which is part and parcel of the big building bearing M.No.15-9-507. Respondents herein who are the landlords of the said premises filed R.C.No.11 of 1997 on the file of the Rent Controller, Hyderabad, seeking eviction of the petitioners/tenants under Section 10(2)(i) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for brevity, 'the Act') on the ground of wilful default in payment of rents from April, 1991 to 31-12-1996 i.e., for sixty nine months @ Rs.1000/- per month amounting to Rs.69,105/- and the Rent Controller allowed the said petition by order dated 17-08-1999 against which the petitioners-tenants filed R. A.No.305 of 1999 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad and the learned Judge by order dated 20-01-2003 dismissed the appeal confirming the order of the Rent Controller. Aggrieved thereby the tenants came up with the present Civil Revision Petition.

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

(3.) It is the case of the landlords that the premises is a non-residential premises and the tenants obtained the said premises on a monthly rent of Rs.105/- excluding electricity and other charges and the landlords filed R.C.No.361 of 1991 on the file of the II Additional Rent Controller, Hyderabad against the tenants for fixation of fai r rent from Rs.105/-to Rs.2500/-and the Rent Controller by order dated 28-12-1994 fixed the fair rent @ Rs. 10OO/- per month with effect from the date of the said petition i.e., from April, 1991. The tenants also filed R.C.No.393 of 1991 on the file of the II Additional Rent Controllerseeking deposit of the rent with effect from March, 1991 and the said application was allowed without prejudice to the rights of the landlords. It is the further case of the landlords that the tenants were not depositing the fair rent fixed by the Rent Controller @ Rs. 1000/- per month and therefore there is wilful and deliberate default in payment of rents and accordingly eviction petition has been filed.