While the said RC was pending, she filed RC 20/85 before the Rent Controller seeking eviction of the respondent under Section 10 2 ii a of the Act on the ground that she has sublet a portion of the suit premises to the second respondent therein who is carrying on the business of supplying building material in the name of and style of M s Shyama Traders.
While these cases were pending the first case, RC 244/83, was dismissed on April 4, 1988.
That order was upheld in appeal as well as in revision by the High Court.
filed in RC 244/83 under Section 11 of the Act was pending before the learned Rent Controller, the appellant therefore thought that she need number deposit the rent till the matter was decided by the Court, therefore the default in payment of rent cannot be treated as wilful default.
2001 Supp 3 SCR 345 The following Order of the Court was delivered The parties in these two appeals are companymon.
1715/97 is from the order of the High Court of Andhra Pradesh in CRP 873/93 passed on August 7, 1996.
From that order Civil Appeal 1715/97 arises.
The matter was carried to the High Court in CRP 873/93 and by order dated 7.8.96 the High Court set aside the order of the appellate authority and restored the order of the learned Rent Controller and thus allowed the revision.
The respondent filed RC 244/83 in the Court of IInd Additional Rent Controller, Hyderabad, for eviction of the appellant from the premises No.
Civil Appeal No.
Civil Appeal No.
H. No.
The appellant is the tenant in these appeals and the first respondent is the landlady.
11 4 773 11 4 773/ 1, Bazar Street, Hyderabad, for short the building on various grounds including default in payment of rent for the period May 1, 1983 to October 31, 1983 under Section 10 of the A.P. Buildings Lease, Rent Eviction Control Act, 1960 for short the Act .
She also filed RC 115/84 in the Court of Principal Rent Controller on the ground that the respondent companymitted wilful default in payment of rent for the period November 1, 1983 to 31st March, 1984, under Section 10 2 i of the Act.
