SHA SHIVAJI MANSEY Vs. VALLABHA VYAS
LAWS(APH)-1999-11-41
HIGH COURT OF ANDHRA PRADESH
Decided on November 09,1999

SHA SHIVAJI MANSEY Appellant
VERSUS
VALLABHA VYAS Respondents





Cited Judgements :-

MIR MEHDI ALI VS. RAZIA BEGUM [LAWS(TLNG)-2019-7-58] [REFERRED TO]


JUDGEMENT

- (1.)The C.R.P, is filed against the orders of the learned Principal Subordinate Judge, Vijayawada in R.C.A.No. 41/1983 confirming the order of the learned Principal District Munsif-cum-Rent Controller, Vijayawada in R.C.No. 99 of 1982 dated 8-4-1983.
(2.)Petitioner is the tenant. The demised premises was let out to the petitioner in the year 1954 on initial monthly rent of Rs. 200/-which was being increased from time to time. At the time of filing the application in 1982, the rent was being paid at Rs. 300.00 per month. While so, the landlord instituted a claim for eviction by filing a petition before the learned Rent Controller, Vijayawada in R.C.No. 99 of 1982 on the ground that the tenant had committed wilful default in payment of rent for the months of March and April 1982.
(3.)It was the case of the landlord that he has specifically appointed a clerk to collect the rent and the clerk approached the tenant for collecting the rent for the month of March, 1982 which was not paid on the ground that the cashier was not available and even for the month of April, 1982, the same was not sent. Thereafter, he has filed a claim for eviction on the ground of wilful default on 10-6-1982 which was numbered as R.C.No. 99/1982. The claim of the landlord was resisted by the tenant on the ground that there was no wilful default on his part. The rent was being collected by the clerk of the landlord every month, since the clerk did not turn up for two months he has sent the same by Money Order by including the rent for the month of May 1982 also. The said Money Order was refused. Thereafter notice was got issued through an Advocate enclosing the cheque for a sum of Rs. 900/-. The said notice was repelled by the landlord.


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