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Andhra High Court · body

2001 DIGILAW 1080 (AP)

K. Balaji Gupta v. Azizullah Khan

2001-09-21

P.S.NARAYANA

body2001
P. S. NARAYANA, J. ( 1 ) JUDGMENT heard the Counsel on record and also perused the material available on record. ( 2 ) THE tenant in R. C. No. 491 of 1993 on the file of the IV Additional Rent controller, Hyderabad and the appellant in r. A. No. 192 of 1996 on the file of the additional Chief Judge, City Small Causes court, Hyderabad, is the revision petitioner. The civil revision petition was originally filed questioning the order made by the appellate authority in LA. No. 30 of 2000 in r. A. No. 192 of 1996 on the file of the additional Chief Judge, City Small Causes court, Hyderabad, but however, the revision petitioner file CMP 23341 of 2000 requestiing for amendment of the cause title and prayer portion to substitute R. A 192 of 1996 instead of I. A. No. 30 of 2000 and also I. A. No. 143 of 2000 in the said proceeding. ( 3 ) FOR the convenience, the parties may be referred to as the landlord and the tenant. ( 4 ) THE landlord filed RC 491 of 1993 on the file of the IV Additional Rent Control for eviction of the tenant on the ground of wilful default and bona fide requirement and alternative accommodation and the said r. C. was allowed on the ground of bona fide requirement and the tenant aggrieved by the same filed R. A. 192 of 1996 as specified supra. The monthly rent is Rs. 160/- and the quantum of rents is not in dispute. The jural relationship of the landlord and the tenant also is not in dispute. However, during the pendency of the appeal, the landlord had detected that the rents are not being deposited and hence the landlord filed an application LA. No. 30 of 2000 in r. A. 192 of 1996 under Section 11 of the a. P. Buildings (Lease, Rent and Eviction) control Act 1960 (for short the Act ) seeking a direction to the tenant to pay the arrears of rent from the month of october, 1993 till the month of November 1999 at the rate of Rs. 160/- per annum totalling the amount of Rs. 160/- per annum totalling the amount of Rs. 11,840/- and continue to pay the same till the disposal of the appeal within the time to be fixed by the Court and the said application I. A. 30 of 2000 was allowed on 26-4-2000 permitting the tenant to deposit the arrears of the rent within a period of two weeks. The tenant also filed an application in I. A. No. 143 of 2000 not to enforce the orders in I. A. No. 30 of 2000 on the ground that the amount was already deposited in R. C. 167 of 1991 on the file of the IV Additional Rent Controller, hyderabad. Now by virtue of the amendment brought for in the present C. R. P. the impugned order is one made in R. A. No. 192 of 1996 dated 1-8-2000. It is pertinent to note that by virtue of the amendment now the orders made in I. A. No. 30 of 2000 in r. A. No. 192 of 1996 remain unchallenged and they have attained finality. Be that as it may, the judgment made in R. A. 192 of 1996 is to the following effect: "the tenant called absent. No representation till 4. 50 p. m. it was represented on behalf of the landlord that the tenant failed to deposit the arrears of rent to a tune of Rs. 11,840/- at the rate of Rs. 160/- per month inspite of granting two weeks time for deposit of rents. ( 5 ) IT. was further represented that it is a fit case to pass orders under Section 11 (4) of the Act. The tenant was called periodically but no representation was made. On verification no amount was deposited even till 5 p. m. The tenant did not file any petition to extend time for deposit amount. Therefore, considering the above facts as he failed to comply with the order under Section 11 (1) of the Act, the appellant-tenant herein is directed to vacate the suit schedule premises within 7 days from the date of this order and all the proceedings in the appeal were stopped accordingly. In case the appellant- tenant failed to vacate the landlord is at liberty to get him evicted from the suit premises. " ( 6 ) THIS is the order which is now challenged in the present civil revision petition. In case the appellant- tenant failed to vacate the landlord is at liberty to get him evicted from the suit premises. " ( 6 ) THIS is the order which is now challenged in the present civil revision petition. It is brought to my notice that the stand taken by the tenant that he had made deposit in RC 167 of 1991 also is not a sustainable stand, since on verification of records it was found that no such deposit was made even in the said R. C. Even otherwise while making deposit the tenant is expected to follow the procedure under rule 5 of the A. P. Buildings (Lease, Rent and Eviction) Rules, 1961 (for short the rules ) which reads as follows: 5. (1) A tenant desirous of depositing the rent under sub-section (5) of Section 8, or section 9 or Section 11 shall deposit the same, if the building concerned is in the city of Hyderabad, in the State Bank of hyderabad and if the building is elsewhere, in the Controller s office or in the nearest treasury, whichever is convenient, after obtaining permission for the deposit of the rent from the Controller. (2) The challan accompanying the deposit of the rent shall be in the Andhra Pradesh treasury Code in Form No. 10 in triplicate and shall specify : (A) the name and address of tenant by whom or on whose behalf the rent is deposited; (b) the name and address of the landlord entitled to receive the rent deposited; (c) the rent at which and the period for which the rent is deposited; (d) the description of the building in respect of which the rent is deposited; (e) the provision of the Act including the circumstances under which the rent is deposited; and (f) the head of account to which the rent is credited, namely :"p. 11. Deposits and Advances- (Deposits and bearing interest)-C. Other Deposit Accounts- civil Deposits-Personal Deposits-Personal ledger Account of the Controller or appellate authority, as the case may be. " (3) One copy of the challan for the deposit of rent returned by the State Bank of hyderabad, Controller s Office or treasury, as the case may be, after endorsing thereon the receipt of the amount deposited, shall be delivered in the office of the controller or the appellate authority as the case may be. " (3) One copy of the challan for the deposit of rent returned by the State Bank of hyderabad, Controller s Office or treasury, as the case may be, after endorsing thereon the receipt of the amount deposited, shall be delivered in the office of the controller or the appellate authority as the case may be. (4) On delivering one copy of the challan the Controller or the appellate authority, as the case may be, shall acknowledge its receipt on the bank of the challan retained by the tenant and take necessary action for the service of the notice of deposit on the person or persons concerned within seven days of the delivery thereof. The notice of deposit shall be served on the person or persons concerned in one or other of the modes specified in Rule 16. (5) Every Controller and every appellate authority shall cause proper accounts to be maintained in their offices for the rents deposited under sub-section (5) of Section 8, or Section 9 or Section 11. (6) A tenant against whom an application for eviction has been made before the Controller shall deposit all the arrears of rent due by him, if any, in respect of the building within such reasonable time, not exceeding 15 days, as may be specified by the Controller. ( 7 ) IT is clear from the facts of the case that not only the tenant had not made any deposit but also the tenant had not complied with the Rule 5 of the Rules referred to supra. Even otherwise, the impugned order challenged in the present Revision now is only a consequential order made in R. A. No. 192 of 1996 and hence, as already observed by me, the order in I. A. No. 30 of 2000 had gone unchallenged and had attained finality. In any view of the matter, the tenant is bound to follow the procedure and hence the revision is devoid of any merit and it is accordingly dismissed. No costs.