VENUKONDA RADHA KRISHNA Vs. PULIVARTHI RAMANAIAH

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred by the respondent-tenant in R. C. C. No. 13 of 2005 on the file of the Rent Controller, Nellore.

(2.) THE respondent herein filed R. C. C. No. 13 of 2005 for eviction of the tenant on the ground of default in payment of rent under Section 10 (2) (i) and 12 of the A. P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The revision petitioner opposed the application by contending that he did not commit any willful default in payment of the rent. The respondent herein examined PW-1 and marked Ex. A-1. The revision petitioner examined himself as R. W. 1 and marked exs. B-1 to b-7. After considering the oral and documentary evidence and submissions made by the Counsel, the Court came to a conclusion that there was willful default committed by the revision petitioner in payment of the rent, therefore the petition was allowed ordering eviction of the revision petitioner within three months from the date of the order. Being aggrieved by the same, the revision petitioner preferred C. M. A. No. 15 of 2007 before the appellate authority, nellore, and the appeal was dismissed by confirming the decree and order of the rent Control Tribunal by directing him to vacate the property within two months from the date of the order. Being aggrieved by the same, the revision petitioner-tenant preferred the present revision contending that the Courts below failed to appreciate that he did not commit any willful default and that the rent was paid to the landlord from whom the respondent herein alleged to have purchased the property and on many other grounds.

(3.) THE learned counsel for the landlord submitted that he purchased the property through a registered sale deed on 30-08-2004, which was marked as Ex. A-1. Immediately, he informed the tenant that he purchased the property under ex. A-1 and rents have to be paid to him by oral intimation, but since the revision petitioner failed to pay rents, he filed the case for eviction.