- (1.) All these appeals can be dealt with under a common judgment since they arise out of one and the same order in all the Courts. The 1st respondent landlady, Smt. Kanta Bai Asawa and her mother Smt. Godavari Bai Rathi are the owners of mulgies bearing Municipal Nos. 3.2.840/6 and 3.2.840/7, situated at Veer Sawarkar Road, Kacheguda, Hyderabad. These two mulgies were let out to appellants tenants under separate lease-deeds (marked as P1 and P2 respectively in the trial Court) executed on 23-9-1978.Ex. P1 is in respect of mulgi bearing No. 3.2.840/6 and Ex. P2 is in respect of mulgi bearing No. 3.2.840/7. Alleging that the tenants had committed wilful default in payment of rent as well as the taxes due to the Municipal Corporation in respect of the demise premises, the landladies filed four eviction petitions bearing R. C. Nos. 291 / 84, 292/84, 1972/86 and 1973 / 86 on the file of the First Additional Rent Controller at Hyderabad. The tenants contended that they did not commit wilful default either with regard to payment of rent or municipal taxes.
(2.) All the petitions were clubbed together. Common evidence was adduced in R.C. No. 29 1/84. The Rent Controller came to the conclusion that the tenants had committed willful default in payment of rent as well as the municipal taxes. Accordingly, all the four eviction petitions were allowed. The tenants were directed to vacate the premises within a period of two months.
(3.) Aggrieved by the order of eviction, appeals were preferred in R.A. Nos. 387/ 390/ 89 to the learned Chief Judge, City Small Causes Court, Hyderabad. The appellate Court held that there was no basis for the trial court to conclude that the tenants had committed wilful default. For these reasons, the appeals were allowed.;