GAIKWAD SHARFANJI Vs. IMMADISETTI RAMIAH

JUDGEMENT

(1.) This is an application by the tenant under section 26 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954, to revise the appellate order of the District Judge, Secunderabad, dated 29th October, 1956 by which he reversed the order of the Controller, dated 9th April, 1956. The Controller had held that the default in payment of rent, which had been admittedly committed by the tenant, was not "wilful". The learned District Judge held it was. It is contended on behalf of the petitioner that the default was not "wilful" and the petitioner is therefore not liable to be evicted. Before considering this question, the facts, which are not in dispute, may be briefly stated.

(2.) The petitioner was occupying a 'malgi' as the tenant of the respondent at a monthly rent of Rs. 22. The rent for the months of June, July, August and September, 1953 fell due and remained unpaid. The landlord filed an application on 29th October, 1953, for eviction of the talent under the House Rent Control Order of 1353-F. which was then in force. A day before the filing of the application, the talent had sent Rs. 66 by money order to the landlord but the latter had refused to receive the money order. The landlords application came up for hearing on 10th November, 1953 and it was adjourned to 18th November, 1953, for counter. On 18th November, 1953 the tenant filed his counter and the case was adjourned to 30th November, 1953, the enquiry. On 30th November, 1953, the tenant's advocate tendered a sum of Rs. 132 (being the rent for six months) and it was received by landlord's advocate without prejudice to his case. The case underwent innumerable adjournments and it was finally disposed of by the Controller on 9th April 1956. Thus it was pending before the Controller for nearly two and a half years.

(3.) During the pendency the case before the Controller, the Hyderabad Houses (Rent Eviction and Lease) Control Act, 1954, was passed and came into force on 12th June, 1954. By section-31 (1) of the Act (section 36 as amended) the Hyderabad Rent Control Order, 1353-F, was repealed, but sub-section 2 (c) enacted that: