N ANANDA RAO Vs. P NAGA ANJESWARA RAO

JUDGEMENT

(1.) This revision petition is filed against the judgment in R.C.A.No.40/93 on the file of Principal Subordinate Judge, Visakhapatnam, confirming the order of the Rent Controller-cum-Principal District Munsif, Visakhapatnam in R.C.C.No. 135/88 dated 6-10-1988 holding that the revision petitioner-tenant has committed wilful default in payment of rent and that the respondent-landlord requires the premises for a bona fide purpose i.e. self-occupation. The parties will be referred to as tenant and landlord.

(2.) The landlord filed the eviction petition with the following averments. Originally, father of the tenant had taken the premises on lease from the father of the landlord. After the death of his father, the landlord became the absolute owner and the tenancy continued. The rent for the premises is Rs.300/- per month payable before the first of every month. The tenant was irregular in payment of rents, so much so that he used to pay rents once in six months or eight months in spite of repeated protests and the landlord used to pass receipts. He has defaulted in payment of rent for October and November, 1988 and hence he has committed wilful default in payment of rents. Further, he sub-let the premises to one Ayyankala Mahalakshmi who is doing cloth business in wholesale and the tenant is collecting the amount from the sub-tenant. As the landlord's son is studying at Visakhapatnam, he wants to keep him in his sister's house in Visakhapatnam and that the premises is required for his sister and son. It is lastly stated that the tenant committed acts of waste. The tenant contested the above eviction petition by denying all the material averments. The landlords title is neither admitted nor denied. The averment that the premises was taken on lease by father of the tenant from the father of the landlord and that the tenancy is continued even after them is not disputed. The allegation that the tenant was very irregular in payment of rents and used to pay once in eight months or six months in spite of repeated protests from the landlord is denied. On the contrary, it is averred that there was an oral agreement between the father of the landlord and father of the tenant and the same is continuing between the parties and accordingly, the tenant has to pay the rent to landlord whenever he visits the house of the tenant at Visakhapatnam from Anakapalli. The rent payable being Rs.300/- per month is also not disputed. It is however added that it was originally Rs.25/- per month and the same is enhanced from stage to stage. It is denied that a portion of the premises was sub-let. The other ground of personal requirement, namely the petitioner's sister is residing in a rented house at Visakhapatnam and that the son of the landlord and his sister require the house for their own occupation is also denied. Likewise, the last ground that he has committed acts of waste is also denied.

(3.) In view of the above pleadings, the learned Munsif formulated the following points for consideration.