Section 10(2)(I) of A.P. Buildings (Lease, Rent and Eviction) Control Act - defaulted in payment of rents. = Admittedly, the tenants have not paid the fair rent as fixed by the Court below at Rs.1250/- from 10.7.2006 on wards, which would clearly establish that the tenants have committed willful default in payment of rents to the landlord. Mere payment of original rent of Rs.90/- per month is no ground to hold that the tenants have not committed any willful default. The appeal filed by the tenants against fixing of fair rent at Rs.1750/- was allowed by the appellate Court reducing it to Rs.1250/- per month, which was also not paid by the tenants. Hence the lower appellate Court held that there is clear willful default on the part of tenants in payment of rents.

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD

THE HON’BLE SRI JUSTICE V.ESWARAIAH

C.R.P.No.373 of 2013

Date: 1.2.2013

Between:

Smt.Rukmini and others.

Petitioners

And

Anil Ekbote (died) per L.Rs.

Mrs.Aparna Ekbote and others.

 Respondents

THE HON’BLE SRI JUSTICE V.ESWARAIAH

C.R.P.No.373 of 2013

ORAL ORDER:

          This C.R.P. is filed questioning the order passed in R.A.No.222 of 2010 dated 20.11.2012 on the file of Court of Chief Judge, City Small Causes Court, Hyderabad.

          The revision petitioners are the tenants of the petition schedule property bearing H.No.4-2-825, Ramkote, Hyderabad consisting of three rooms including kitchen measuring about 300 sq.ft.  

The first respondent is the original owner, who filed R.C.No.49 of 2007 before the I Additional Rent Controlelr-cum-XIII Junior Civil Judge, Hyderabad under Section 10(2)(I) of A.P. Buildings (Lease, Rent and Eviction) Control Act for eviction of the tenants alleging that the tenants have defaulted in payment of rents.  

The Rent Controller while holding that the tenants have committed default in payment of rents, allowed the R.C. with costs and ordered for eviction of the tenants from the schedule property within one month from the date of the order.  

Aggrieved by the same, tenants preferred R.A.No.222 of 2010 before the appellate Court and the appellate Court dismissed the appeal by order dated 20.11.2012 confirming the order passed by the Rent Controller.  Hence this revision.

          Admittedly, the tenants have not paid the fair rent as fixed by the Court below at Rs.1250/- from 10.7.2006 on wards, which would clearly establish that the tenants have committed willful default in payment of rents to the landlord. 

    Mere payment of original rent of Rs.90/- per month is no ground to hold that the tenants have not committed any willful default.  

       The appeal filed by the tenants against fixing of fair rent at Rs.1750/- was allowed by the appellate Court reducing it to Rs.1250/- per month, which was also not paid by the tenants.  

  Hence the lower appellate Court held that there is clear willful default on the part of tenants in payment of rents.  

In view of the concurrent findings of both the Courts below, it cannot be said that the eviction order is illegal and unsustainable.  There are no grounds to revise the orders passed by the Courts below.  The C.R.P. is devoid of merits and liable to be dismissed.

          Accordingly, the C.R.P. is dismissed. However, the petitioners are granted more than three (3) months time i.e. upto 31.5.2013 to vacant and handover vacant possession of the premises to the respondents-landlords, subject to filing of undertaking before the Rent Controller within 15 days from today that they will deposit the entire arrears of rents within a period of four weeks from today and that they will handover vacant possession of the premises on or before 31.5.2013.    Failure to give such an undertaking, the respondents-landlords are at liberty to execute the decree.  There shall be no order as to costs. 

      

______________

V.ESWARAIAH, J

Date: 1.2.2013

DA

THE HON’BLE SRI JUSTICE V.ESWARAIAH

C.R.P.No.373 of 2013

1.2.2013