BONDA LAKSHMIKANTHAMMA Vs. GANDAMSETTI NARAYAN SETTI

JUDGEMENT

(1.) This is a Civil Revision Petition under Section 22 (1) of the Andhra Pradesh Buildings (lease, Rent and Eviction) Control Act (Act No. 15 of 1960). The petitioner is the land-lady. The respondent is the tenant. The Rent Controller had ordered eviction of the respondent. On appeal, the appellate authority had reversed the order of the Rent Controller, dismissing the petition of the land-lady for eviction.

(2.) The question that fall for determination, as a result of the arguments before us, are : (i) Did the tenant commit any default, and if so (ii) Was the default wilful.

(3.) The admitted facts may be briefly stated-The landlady is a rich widow. The premises in question are non-residential. The tenant has been doing business in those premises since January, 1959. He became a tenant during the lifetime of the husband of the landlady. Originally, rent was Rs. 27 per mensem and gradually rent was increased to Rs. 50/. There were agreements of tenancy, executed, evidencing the increase in the rent payable. The last of such agreements is dated 1-4-1968, for a period of three years terminating on 31-3-1971. It is the admitted case that from 1-4-1971 to 31-7-1971 for a period of four months, the tenant did not pay the rent. It is also an admitted fact that during the period from January, 1959 upto the 1st of April, 1971, the tenant had not committed any default in payment of rent even once.