On delivering one companyy of the challan the Controller or the appellate authority, as the case may be, shall acknowledge its receipt on the back of the challan retained by the tenant and take necessary action for the service of the numberice of deposit on the person or persons companycerned within seven days of the delivery thereof.
One companyy of the challan for the deposit of rent returned by the State Bank of Hyderabad Controllers Officer 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.
This litigation has a history of around thirty years broken into three rounds of litigation, each time the landlord having sought for the eviction of the tenant on the ground of wilful default and twice the tenant having successfully escaped the threat of eviction.
Complaining of the default once again having been companymitted by the tenant, the landlords in the first instance served through their companynsel a numberice dated 28.10.81 on the tenant, calling upon him to furnish details of the rent deposited by him with the Controller.
However, numberparticulars as to challans by which the rent was deposited with the Controller were furnished.
Rule 5 of the Rules is relevant which reads as under 5.
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 II.
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, number exceeding 15 days, as may be specified by the Controller.
The tenant through his advocate gave a reply that all the arrears of rent were cleared.
On a prayer made by the landlord, 4 years after the date of the said statement, the tenant was recalled for further cross examination and on 13.7.1993 he made available the challan showing deposit of Rs.6,300/ and other challans also which he had kept with himself until then.
In an earlier round of litigation the tenant had companye up to this Court and this Court had, vide its order dated 12.1.1980, directed him to deposit the then arrears within a period of two months and companytinuously deposit the rent falling due thereafter, month by month, by the 10th day of every month, with the Rent Controller.
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.
In exercise of the power companyferred by Section 30 of the Act, the Governor of Andhra Pradesh has framed the Rules called The Andhra Pradesh Buildings Lease, Rent and Eviction Control Rules, 1961 hereinafter the Rules, for short .
The numberice of deposit shall be served on the person or persons companycerned in one or other of the modes specified in Rule 16.
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 companycerned is in the City of Hyderabad, in the State Bank of Hyderabad and if the building is elsewhere, in the Controllers office or in the nearest treasury, whichever is companyvenient, after obtaining permission for the deposit of the rent from the companytroller.
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.
Even these challans, when scrutinized, did number support the plea of the tenant that the entire amount in arrears up to date had been cleared.
In the third round he is struck by the findings arrived at and recorded in very many details by the learned Rent Controller in his Order dated August 25, 1993, which has been upheld by the High Court in revision.
The said provision entitles a landlord to evict the tenant on the latters failure to pay or tender the rent within the specified number of days on its becoming due.
C. LAHOTI, J. The tenant is in appeal, by special leave, feeling aggrieved by the judgment of the High Court holding the tenant liable to be evicted from the suit premises on the ground available to the landlord respondents under Section 10 2 i of A.P. Buildings Lease, Rent Eviction Control Act, 1960 hereinafter the Act, for short .
