Thus, by March 1971 the amount of Rs.
Salimuddin v. Misri Lal Anr.,
On the facts appearing on the record it is thus clear that the landlord held a higher amount than the rent due on the date when the petition for eviction was filed on the plea of wilful default of payment of rent.
This Court in Mohd.
Courts below debated the main perhaps the only contention as to whether the plea of payment which the tenant advanced had been established.
1986 1 SCR 622 had occasion to deal with a more or less similar situation arising under the Bihar Buildings Lease, Rent Eviction Control Act, 1947.
The stipulation of holding the excess amount of RS.5,000 free of interest to be refunded under a valid receipt after the expiry of the lease period is the null and void stipulation and the amount of Rs.5,000 in the hands of the landlord was an amount held by the landlord on account of the tenant on the date of filing of the petition for eviction.
From the Judgment and Order dated 23.12.
1981 of the Andhra Pradesh High Court in C.R.P. No.
1,500 and the balance of Rs.5,000 shall be paid back to the second party by the first party under valid receipt after the expiry of the lease period.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
For the first 15 years rent was stipulated at the rate of Rs.
Krishna Rao, B. Krishna Prasad and K.K. Gupta for the Respondents.
150 per month and for the second span of 15 years rent was to be escalated to Rs.200 per month, and the tenant undertook to pay the rent by the 9th of every succeeding month.
4108 of 1982.
P. Rao, R. Venkataramani, V.G. Pragasam and Satya Mitra Garg for the Appellant.
The Judgment of the Court was delivered by RANGANATH MISRA, J. This is a tenants appeal by special leave against the order of eviction from a companymercial prem ises at Gudur in Andhra Pradesh.
1327 of 1969, a thirty year lease with an annual stipulated rent was granted in favour of one Narayanan, a partner of the hotel, for a term of 30 years beginning from 9th of September, 1961.
The lease deed further stipulated Out of the advance of Rs.6,500, the second party shall deduct every month Rs.75 from the stipulated rent upto Rs.
3547 of 1981.
The Controller, the Appel late Authority and the High Court have companycurrently found that the appellant was a wilful defaulter liable to be evicted.
