B L ANAND Vs. JAFFAR HUSSAIN

JUDGEMENT

(1.) The above appeals arise out of a common judgment in OS No.1003 of 1983, OS No.l of 1984 and OS No.922 of 1991. All the suits were clubbed together and evidence was recorded in OS No.1003 of 1983, which is a suit for eviction of tenants. Dr B.L Anand, the first defendant in OS 1003 of 83 is appellant in CCCA No.64 of 1995. The first defendant-tenant Dr. B.L Anand is also appellant in CCCA No.177 of 195 since OS No.922 of 1991 filed by the landlord for recovery of arrears of rents for the first floor mulgis from 1-12-1980 to April, 1983 is decreed. He also filed CCCA No.196 of 1994 since OS No.l of 1984 filed by him was decreed partly only and as such he filed this appeal to the extent of disallowed claim. Ofcourse, CCCA 13 of 1995 was filed by the landlord as OS.700 of 1983 filed by him for recovery of rents from December, 1980 to April,. 1983 was dismissed, but however the CCCA 13 of 1995 was withdrawn on 6-7-1998 as his claim for arrears of rent was settled in the rent control proceedings initiated by the landlord for eviction of the tenants. Therefore, we are not concerned with CCCA 13 of 1995 any more.

(2.) As all the suits are disposed of by a common judgment, all the three appeals also can be conveniently disposed of likewise and the parties will be referred, to as arrayed in OS 1003 of 1983 in which evidence was recorded. The respondent-landlord in CCCA 196 of 1994 and CCCA 64 of 1995 filed cross-objections in so far as the decrees went against him.

(3.) The landlord let-out the premises bearing No. 5-9-48/4, ground floor at Basheerbagh, Hyderabad for a rent of Rs.525.00pcr month and later enhanced to Rs.550.00somewhere in 1976. At that time the first floor portion over the ground floor was not constructed and the first defendant offered to construct the first floor initially at his cost subject to adjustment of construction cost payable with interest at 36% per annum from out of the stipulated rent of Rs.1,500.00 for the two mulgis to be constructed on the first floor. Accordingly, the landlord agreed and the first defendant constructed mulgis and he has been using the first floor portion also after completion of the mulgis. The tenants who are husband and wife paid rents up to September, 1980 and thereafter committed default of payment of rent. Hence the plaintiff issued a notice to the defendant for which the defendants sent an evasive reply. Hence, the plaintiff is constrained to file OS No 630 of 1983 for recovery of rents from October, 1980 to April, 1983 which was later renumbered as OS No.922 of 1991. As there is no change in the attitude of the defendants, the plaintiff also issued a legal notice under Section 106 of T.P. Act and accordingly tenninated their tenancy by the end of May, 1983. Having received the notice, the defendants did not vacate the suit mulgi and hence the plaintiff filed OS 1003 of 1983 against the defendants for recovery of possession of the suit mulgis as well as arrears of rent for May, 1983 together with future mcsnc profits from July, 1983 till delivery of possession. The first defendant-tenant also filed OS 1 of 1984 for recovery of construction cost for construction of the first floor mulgis with interest. His case is that he is in occupation ofthe premises bearing No.5-948/4 on a monthly rent of Rs.525.00 subsequently enhanced to Rs.550.00, The landlord requested him to provide finance for construction of first floor on premises bearing Nos.5-9-48/3 and 5-9-48/4 belonging to the landlord and accordingly the tenant invested money for the said construction. The landlord settled the account with him on 16-9-1981 stating that he is liable to pay a sum of Rs.95,890.00 after giving credit of Rs.5,000.00 towards rent from 1-3-1981 to 1-9-1981. The landlord while confirming the amount of Rs.90,600.00 drew by him as on 1-12-1980 after adjusting the amount of Rs.5,000.00 delivered confirmation letter dated 29-11-1980. The tenant agreed for adjustment and for confirmation of the amount as payable by 1-12-1980 which sum as agreed shall carry interest at 3% per month. It is also his contention that the landlord owes a sum of Rs.1,28,406.65 paise to him as per the statement of account after deducting the rent due and payable to him..