THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5301 of 2010 Date of Order: 19-11-2010 Between: P.K.Gangadharan ..Petitioner and Thoonuguntla PanduRanga Rao ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5301 of 2010 Oral order: This revision under Section 22 of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short “the Act”) is directed against the orders of the Principal Senior Civil Judge-Appellate Authority under the Act, Vijayawada in dismissing R.C.C.M.A.No.3 of 2009, dated 17-09-2010 confirming the eviction order passed by the Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada in R.C.C.No.107 of 2006, dated 27-11-2008. The revision petitioner herein will hereinafter refer to as “Tenant” and the respondent herein will hereinafter refer to as “Landlord”. The landlord filed the above RCC for eviction of the tenant on the ground of willful default in payment of rent stating that originally the petition schedule property belongs to one Smt.Prabavathi, who leased out the same to the tenant in the year 1975. The tenancy is monthly tenancy commencing from 1st day of every month to the end of the same month payable on or before 5th of next month. The tenanted portion is Madras terrace roofed room consisting of 18 x 6 feet constructed over 50 years back. From Prabavathi the mother of the landlord, viz. T.Nagamani inherited the petition schedule property, who in turn executed a Will bequeathing the said property to the landlord in February, 2003 and subsequently she died on 08-03-2003. Initially the tenant paid the rents to the mother of the landlord till her death and after that to the landlord at the rate of Rs.370/- per month and committed default from December, 2003; ultimately the tenant sent a demand draft bearing No.959002, dated 15-12-2005 drawn on Canara Bank for a sum of Rs.740/- along with covering letter, which is the rent for the months of November and December 2005. After issuing notice to the tenant, the landlord filed the above RCC for eviction on the ground of willful default for the period from 01-03-2004 to 31-05-2006 i.e. 27 months to a tune of Rs.9,990/-. The tenant filed a counter admitting that the petition schedule property belongs to Smt. Prabavathi, who let out the schedule property to him in the year 1975, advance payment was paid to her towards two months rent about Rs.160/-; he has been paying the rents regularly and never committed default in payment. The landlord is not the absolute owner of the petition schedule property as it belongs to Smt.Prabavathi who was issued B-form patta issued by the Tahsildar, Vijayawada. It is not mentioned how the landlord acquired the petition schedule property and the tenant never committed any default in payment of rent. To prove tenancy, the landlord himself was examined as P.W.1 and Exs.A1 to A16 were got filed. The tenant himself was examined as R.W.1 and Exs.B1 to B75, which are rent receipts paid to Nagamani—mother of the petitioner from 14-07-1990 onwards till her death, were got filed. The tenant himself admitted that he has sent demand draft for a sum of Rs.740/- towards rent for the months of November and December, 2005 to the landlord. Once the tenant admitted the title of Smt. Prabavathi and after her death he attorn the title of Nagamani, mother of the petitioner, and paid rents to her till her death, now he cannot plead that the landlord is not the owner of the property. Since both the Courts below held that the tenant has committed willful default and ordered for eviction of the tenant, the contention of the learned counsel for the tenant that the Rent Controller will not have jurisdiction, as the property in question is a B-Form Patta, cannot be accepted. When the tenant admitted the tenancy and paid rents to Smt. Prabavathi and after her death attorn the tenancy in favour of Nagamani and after her death sent demand draft for a sum of Rs.740/- towards two months rent to the landlord, it is not open for him to deny the title of the landlord. The concurrent findings recorded by the Courts below do not call for any interference. The Civil Revision Petition fails and it is accordingly dismissed. However, time is granted to the tenant till the end of February, 2011 for eviction, subject to his depositing arrears of rent, if any, and continues to deposit the rent by giving an undertaking before 19th December, 2010 that he would deliver the vacant possession to the landlord on or before 01-03-2011. There shall be no order as to costs. _________________ A.GOPAL REDDY, J. 19-11-2010 Murthy