whether there is valid notice of termination of tenancy under Section 106 of the Transfer of Property Act. The notice has been received by the appellant/defendant and no serious objections were raised in the writ statement about the insufficiency of the notice. Evidently, the contract of tenancy is on a month to month basis and consequently the notice under Section 106 of the Transfer of Property Act, even if it contains some allegations about the terms of contract of tenancy, if it is found will not defeat the validity of the notice.

N THE HIGH COURT OF JUDICATURE,ANDHRAPRADESH
AT HYDERABAD

 

HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

S.A.No.721 of 2012

Date: 04-09-2012

 

Between:

Mohd. Khaja

                                                                          .. Appellant

And

1.B.Ramesh Babu and

   two others.

                                                                        ..Respondents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

S.A.No.721 of 2012

 

 

JUDGMENT:

        The defendant in O.S.No.4236 of 2004 on the file of the Court of the Principal Rent Controller-cum-12^th Junior Civil Judge, Hyderabad, is the appellant herein. The suit was filed for eviction of the defendant from the suit schedule property contending that he was a tenant of the premises since 1995 on a rent of Rs.2,500/- per month.  The defendant paid the rent for a period of 12 months and subsequently committed default in payment of rents. Thereafter, a notice under Section 106 of the Transfer of Property Act was given and the suit was filed for recovery of arrears of rent and also for damages at the rate of Rs.5,000/- per month from July, 2004 to till the date of disposal of the suit. The defendant admitted the tenancy but denied the liability to pay the arrears and claimed that entire arrears of rent was paid and there is no default in payment of rent and the suit for eviction is not bona fide.  After considering the evidence on record, the learned Junior Civil Judge has dismissed the suit holding that the plaintiffs failed to prove the willful default in payment of arrears of rent and as against that an appeal in A.S.No.109 of 2008 was filed before the Court of the XIV Additional Chief Judge (F.T.C), City Civil Court, Hyderabad and by its judgment the learned Additional Chief Judge has allowed the appeal, but, however directed the appellant/defendant to pay an amount of Rs.2,500/- per month towards damages from July, 2004 to till disposal of the suit as his occupation is illegal. Aggrieved by the said judgment, the present appeal is filed.

          Evidently, the contract of tenancy is not covered under the Rent Control Act.  The question whether there is willful default or not is not a relevant factor. But, however, both the Courts below have found that there is no proof of arrears of rent and consequently the said finding has become final and the plaintiffs have not challenged the said finding.  The only question is whether there is valid notice of termination of tenancy under Section 106 of the Transfer of Property Act. The notice has been received by the appellant/defendant and no serious objections were raised in the writ statement about the insufficiency of the notice. Evidently, the contract of tenancy is on a month to month basis and consequently the notice under Section 106 of the Transfer of Property Act, even if it contains some allegations about the terms of contract of tenancy, if it is found will not defeat the validity of the notice.  There are absolutely no merits in the appeal warranting admission on any substantial question of law. Consequently, the appeal; is liable to be dismissed.

          In the result, the appeal is dismissed. However, the appellant is permitted to vacate the suit schedule premises within a period of three months from today.  The appellant shall pay rent at the rate of Rs.2,500/- per month from the date of the suit till the date of the judgment of the appellate Court and thereafter at the rate of Rs.5,000/- till the date of vacation of the premises. The appellant is directed to deposit entire arrears of rent within a period of four weeks from today and the respondents are permitted to withdraw the same.  The appellant is entitled for deduction of the amount, if any, paid to the respondents. No order as to costs. The Miscellaneous petitions, if any, pending in this appeal shall stand closed.        

       ­­­­­­­­­­_________________________________­­­­

JUSTICE N.R.L.NAGESWARA RAO

04.09.2012

Gsn