KONDUR RAJ KUMAR Vs. B SEKHAR

JUDGEMENT

(1.) This civil revision petition under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, (for short 'the Act') is filed by the landlord. The order passed by the learned Principal senior civil Judge, Warangal in CMA No. 14 of 1996 on 6-8-1998, reversing the order passed by the learned Rent Controller in RCC No. 4 of 1994 is challenged in this revision petition.

(2.) The facts may briefly be summarised before adverting to the questions that may fall for consideration. The petitioner-landlord filed RCC No.4 of 1994 on the file of the learned Rent Controller, Warangal seeking eviction of the respondent/ tenant from the petition schedule premises on the ground that he committed wilful default in payment of rents and also on the ground of bona fide requirement. The respondent/tenant even before filing his counter in the said rent control case, filed an application in the month of May, 1994-1A No.1529 of 1994 purported to be under Section 11(4) of the Act, inter alia disputing the landlord and tenant relationship between the parties. However, in the affidavit filed in support of IA No. 1529 of 1994, the respondent/tenant himself states that a sum of Rs. 1800.00 towards arrears of rent was sent on 15-3-1994 by Money Order to the petitioner herein and the same was refused by him. According to him, the said amount is towards the rent for the months of January and February, 1994, at the rate of Rs.900.00 per month. The respondent/tenant sought permission of the learned Rent Controller to deposit the rent into the Court without prejudice to his rights to contest the eviction petition on merits.

(3.) The petitioner herein opposed the said application contending that the respondent herein has to deposit the amount of rent from 1-3-1992 and not from January, 1994. The said application was disposed of by the learned Rent Controller by order dated 17-6-1996 directing the respondent herein "to deposit the arrears upto the date of the order before 1-7-1996 and also the future rents till the disposal of the main rent control case."