MODH DHAJA Vs. BISAMILLAH BEGUM
HIGH COURT OF ANDHRA PRADESH
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Ekbote, J. -
(1.)This revision petition is directed against the order of the Chief judge, City Small Cause Court as an appellate authority under the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act of 1960 given on 23-2-1968. It arises in the following circumstances.
(2.)The respondent-landlady filed an application under S. 10 of the Act for eviction on the ground of tenants wilful default. During the pendency of that petition, the landlady filed an application under S. 11 seeking direction from the Rent Controller that the respondent whole had fallen into arrears of rent should be directed to deposit the same, failing which his summary eviction should be ordered. The petition was resisted by the tenant mainly on the ground that he had made certain payments. After a summary enquiry, the Rent Controller disbelieved the defence set up by the tenant and directed the tenant by his order dated 2-9-1967 to pay an amount of Rs. 425.00 being the arrears of rent within 15 days from that date, failing which an order under section 11 (4) of the Act would follow.
(3.)Dissatisfied with that order, the tenant preferred an appeal under S. 20 of the Act to the appellate authority. During the pendency of the appeal, an application under S. 11 was again filed by the landlady. that petition was resisted on the ground that such a petition was not maintainable as the appeal was not preferred against an order passed on a petition filed under S. 10 of the Act, but was preferred against an order passed under S. 11 (1) of the Act. The appellate Authority rejected the contention holding that the word "application" referred to in sub-sec. 91) of S. 11 does not necessarily refer to a petition under S. 10. It also held that the word "appeal" refers to any appeal filed under S. 20 of the Act. The appellate authority therefore directed the tenant to deposit the arrears of rent within 15 days from the date of the order. it is this view that is now assailed in this revision petition.
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