KOTESWARA RAO P Vs. M HEMALATHA DEVI

JUDGEMENT

(1.) The petitioner in this Revision Petition is the original tenant of the premises in question and the respondent is the landlord thereof. The finding recorded by the learned Principal Subordinate Judge, Guntur, in I.A. No.616 of 1995 in RCA No.15 of 1987 by order dated 3-7-1995 that the tenant was not entitled for a permission to deposit Rs.3,360/- towards rent upto 31-3-1995 into Court, is challenged in this Revision Petition.

(2.) The learned Judge before arriving at the aforesaid conclusion took into consideration that the Eviction Petition being RCC No.69 of 1982 which was allowed by the Rent Controller, Guntur, was challenged by preferring an appeal being RCA No.15 of 1987. The said appeal was decided against the landlord against which the landlord filed CRP No.2650 of 1993 before this High Court which was pending. The tenant originally filed RCC No.44 of 1989 under Section 8 of the Rent Control Act for permission to deposit the rent into the Court which was allowed and the tenant was permitted to deposit the rent in RCA No.15 of 1987. But, according to the landlord, the tenant did not comply with the direction to deposit the rent in accordance with the order passed in RCC No.44 of 1989. The learned Judge also took into consideration that RCC No.52 of 1993 was filed by the tenant without complying with the orders passed in RCC No.44 of 1989, for permission to deposit the rent which was dismissed.

(3.) On the above facts, the learned Prl. Subordinate Judge, Guntur, held that the tenant could not be permitted to deposit the rent to the credit of RCA No.15 of 1987 and eventually held that the petitioner-tenant was not entitled for permission to deposit the rent of Rs.3,360/- which was due for the period upto 31-3-1995.