M RANGATAH NAIDU DIED Vs. ABDUL KAREEM KHAN

JUDGEMENT

(1.) The landlords who are respondents herein filed a petition before the Rent Controller for eviction of the tenant on the ground of wilful default. The Learned Rent Controller accepted the plea of the landlords and ordered eviction of the tenant and the same was confirmed by the Appellate Authority. The tenant died and his L.Rs. were brought on record at the appellate stage who are revision petitioners herein.

(2.) Before the appellate authority the tenants brought to the notice of the Court certain events and after considering the plea set up by the tenants, the appellate authority found that the subsequent events as pleaded by the tenants do not alter the position of the tenants and at the same time they do not disentitle the landlords from seeking confirmation of the order of the Rent Controller in regard to the eviction of the tenants from the premises. It is against that concurrent judgment; this revision petition is filed.

(3.) The premises in question is a non-residential building and it is situated in Park Street, Pakala. The suit premises belongs to one Syed Ahmed Saheb. He executed a usufructuary mortgage in favour of the respondents herein oh 2-10-1952 as per the original of Ex.A-1. The the landlords' case is that they let out the premises to one M. Rangaiah Naidu on a monthly rent of Rs. 25/- payable on the first of every succeeding month. The tenant's case is that not with standing the execution of the usufructuary mortgage, the mortgagor Syed Ahmed Saheb and members of his family remained in possession of the premises till April, 1965 and on 12-4-1965 it was leased out to late Rangaiah Naidu on a monthly rent of Rs.24/- and the rent was being paid to one Subhan Khan, a relative of Syed Ahmed Saheb till March, 1972. The contention of the tenants that the said Subthan Khanor his men let out the premises has been rejected. The Rent Controller found that there is relationship of landlord and tenant between the mortgagee and the tenants and the tenants failed to pay the rent from June, 1973 to June, 1979. In support of the case of wilful default, the landlords relied upon Ex. A-5, the judgment in O.S.No.527 of 1976 wherein the Court granted a decree for arrears of rent. In that judgment also the Court found that there is relationship of landlord and tenant between the parties and E.P.126/79 was filed by the landlords for realisation of the rent upto 30-5-1979 which clearly shows that what has been stated by the landlords is found to be correct. It is against that finding appeal has been filed and in view of the decree that has been granted by a competent Civil Court, the lower appellate Court was perfectly justified in confirming the finding of the Rent Controller on the ground of wilful default.