VASANT RAO ANKILKAR Vs. NALINI BAI JOSHI

JUDGEMENT

(1.) This revision petition is filed against the judgment dated 29-12-1989 passed in R.A.No.41 of 86 by the learned Addl. Chief Judge, City Small Causes Court, Hyderabad allowing the appeal filed against R.C.No.371 of 80 on the file of the learned I Addl. Rent Controller, Hyderabad dismissing the eviction petition filed on the ground of wilful default by the tenant.

(2.) Brief facts leading to filing of this revision petition are: The petitioner herein is the tenant of the petition premises. The respondent herein is the person, collecting rents from the petitioner, on behan of the owner of the premises. The respondent herein filed R.C.No.371 of 80 under section 10 (2)(ii)(a) of the A.P. Buildings (Lease, Rent and Eviction) Control Act (the Act) for eviction of the petitioner herein with the following averments. The petitioner herein took the premises initially on a monthly rent of Rs.45/- which was increased to Rs. 100/-. The petitioner herein is a Wilful defaulter and did not pay rent from 1-10-1978, in spite of repeated demands made by the respondent, including the registered notice dated. 14-4-1980, which he refused to receive. The petitioner received a sum of Rs. 60,000/- as Pagdi from third party and sub-let half of the Malgi on a rent of Rs.400/- p.m. The petitioner has no right to do so. Hence the eviction petition.

(3.) The petitioner-tenant filed counter affidavit with the following averments. He was never the tenant of the respondent herein. The owners of the petition- premises are Anil and Ashok as per the Court decree. She did not let in the petition-premises to him. There is no relationship of landlord and tenant between the respondent and himself She is not entitled to file the eviction petition He is neither a defaulter, much less a wilful defaulter in payment of rents. The petitioner has not obtained any pagdi of Rs.60,000/- and sublet half of the malgi to him on a rent of Rs.400/- p.m. He surrendered two portions of the malgi to the landlord Anil in November, 1980 and has retained 1/3rd portion of the malgi under afresh rental agreement dated 5-11-1980 on a rent of Rs. 50/- p.m. and carrying on business therein. He has been paying rents regularly till date to his landlord under proper receipt. Two malgi-portions have been rented to Roop Kala Saree Centre by Anil, the owner. The eviction petition is therefore not maintainable under law and is liable to be dismissed with costs.