SRINIVASA ELECTRONICS Vs. SURENDER KUMAR GROVER

JUDGEMENT

(1.) This revision has been directed against the judgment and decree dtd. 28/10/2011 in R.A.No.358 of 2010 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad (lower appellate Court), wherein and whereby the order dtd. 31/8/2010 in R.C.No.194 of 2006 on the file of the IV Additional Rent Controller, Hyderabad (Rent Controller), was confirmed. R.C.No.194 of 2006, filed by the respondent herein for eviction of the petitioner herein from the property in question, was allowed.

(2.) The petitioner herein is the tenant and the respondent herein is the landlord. For the sake of convenience, the parties are hereinafter referred to as the tenant and the landlord, respectively.

(3.) The pleadings of the landlord show that he is the owner of premises bearing No.5/4/423/8/A, Ground floor of Hotel Shanti Nivas Building, Nampally Cross Roads, Hyderabad, (hereinafter, it is referred to as 'scheduled premises'). He let out the scheduled premises to the tenant @ Rs.900.00 per month. The landlord sought eviction on two grounds, one is willful default in payment of rent and the other is subletting the scheduled premises by the tenant to third party without any right. The original tenancy was entered on 15/10/1982 and the rent payable was 10th of every next succeeding month. Default was pleaded from October, 1999 to March, 2006, total arrears of rent comes to Rs.70,200.00. It was also pleaded that the tenant filed R.C.No.217 of 2001 on the file of the I Additional Rent Controller, Hyderabad, against the landlord for permission to deposit the rents and the same was allowed by order dtd. 15/2/2002. Challenging the same, the landlord filed R.A.No.157 of 2002 on the file of the Chief Judge, City Small Causes Court, Hyderabad and the same was also allowed by order dtd. 5/9/2005, setting aside the order dtd. 15/2/2002 on the ground that the I Additional Rent Controller, Hyderabad had no jurisdiction since the rent exceeds the statutory limit prescribed under the Telangana State Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, the Act). Challenging the said order, the tenant preferred a civil revision petition and he withdrew the same subsequently. Thereafter, the landlord filed the present R.C.