K VARALAXMAMMA Vs. KESAV MEMORIAL EDUCATIONAL SOCIETY

JUDGEMENT

(1.) This CR.P. is filed against the order dt.18-8-93 R.A.No. 386 of 1991 on the file of the Chief Judge, City Small Causes Court, Hyderabad confirming the order in I.A.No.706 of 1991 in R.C.807 of 1987 passed by the learned III Additional Rent Controller.

(2.) The petitioners are the tenants. The respondent landlord filed an application for eviction on the ground of bona fide requirement for personal occupation and for willful default. Pending the petition, the respondent filed I.A.615 of 1991 claiming arrears of rent of Rs.1,296/-and also seeking a direction to pay future rents at the rate of Rs.24/- per month. The said application was allowed directing the tenants to pay forthwith the arrears of rent. As that order was not complied with by the tenant, the landlord filed an application I.A.706 of 1991 under Section 11(4) of the Rent Control Act, praying to induct the landlord in possession of the petitioner schedule premises. The said application was filed on 6-12-1991 after serving notice to the Counsel on the other side and the order was passed on the same day without giving any opportunity to show sufficient case for not depositing the amounts as directed by the Court. Aggrieved by that order, the petitioners carried the matter in appeal and the same was dismissed. Against that order, the present C.R.P is filed.

(3.) It is contended by the learned Counsel for the petitioners that while ordering the application under Section 11(4) no opportunity was given to show sufficient cause for not depositing the amount. Straightaway the Court below ordered the application filed under Section 11 (4) and hence the same is liable to be set aside.