SYED AZMATHULLAH Vs. BAHADUR ALI

JUDGEMENT

(1.) This revision is filed by the landlord who is the petitioner in R.C.No.344 of 1980 on the file of the Principal Rent Controller, Hyderabad questioning the orders of the Additional Chief Judge, City Small Causes Court, Hyderabad dated 20-8-1991 passed in R.A.No.227 of 1987 by which the orders of the Principal Rent Controller dated 4-2-1987 passed in R.C.No.344 of 1980 were set aside dismissing the said petition filed for eviction of the tenant who is the present first respondent.

(2.) The revision petitioner who is the landlord had filed Rent control petition in R.C.344/80 before the Principal Rent Controller, Hyderabad seeking eviction of the first respondent who is the tenant and also the second respondent who is said to be the sub-tenant of the petition schedule premises which is a residential building, contending that the first respondent took the premises as his tenant agreeing to pay monthly rent of Rs. 150/- and executed the rental agreement dated 15-1-1974 in his favour, that subsequently he failed to pay the rent and committed wilful default in paying the rent, that he is also guilty of sub-letting the premises to the second respondent thereby violating the terms of the lease and that therefore he is liable to be evicted from the petition schedule premises.

(3.) The respondents contested the petition contending that there are no arrears of rent to be paid to the landlord, that the landlord was accustomed to receive the rents in lumpsum as and when it suited him by issuing receipts on some occasions and not issuing receipts on other occasions, that in view of such conduct of the petitioner in receiving the rents at irregular intervals the respondents did not pay the rent every month as and when it become due and that therefore they cannot be considered as wilful defaulters, that there was no sub-letting of the premises to the second respondent and that the petition is liable to be dismissed.