Ahmedsaheb(D) By Lrs.& Ors vs Sayed Ismail

7. As against the above claim, according to the respondent the tenancy was entered into by him with the 8th respondent, namely, Abdul Rehman in the Second Appeal in the year 1968 and the rent was fixed at Rs.800/- per year. As far as non-payment of rent was concerned the same was not disputed by the respondent. The respondent however sought to explain it by saying that he carried out repairs by investing a sum of Rs. 5000/- and the appellants agreed to adjust the said sum from the rents payable to him. It was based on the above pleas that the parties went into trial.

17. This Special Leave Petition arise out of the judgment and decree passed by the Single Judge of the High Court of Judicature at Bombay in Civil Revision Application No.424 of 1987 dated 06.05.2011. The said revision was preferred by the respondent challenging the order of the Rent Controller dated 13.01.1986 in file No.1979.R.C.A.3 in Rent No.1/86. The said petition was filed before the Rent Controller under Section 15 of Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 for eviction of the defendant from House No.3-3-32 situated at Udgir. The plaintiff in RCS No.167/1974 along with her son Ahmed Saheb was the petitioner. The plaint for eviction was on the ground that RCS No.167/74 for recovery of rent was decreed, that the default in making the payment of rent was willful, that the tenancy was terminated on 6.12.1978, that the statutory period of six months was over and, therefore, the respondent was liable to be evicted. The respondent in the eviction petition did not file the written statement for a period of six years. The rent controller found that even on the date of final hearing the tenant and his Advocate failed to appear and, therefore, it was decided ex parte. After hearing the arguments of the plaintiff the application for eviction was allowed and the respondent was directed to deliver vacant possession. The respondent-tenant preferred file No.1979.R.C.A.3 in Rent No.1/86 before the District Judge, Latur. The appellate Court declined to interfere with the order of the Rent Controller and the appeal was dismissed.

16. Therefore, while upholding the judgment and decree of the trial Court as confirmed by the lower appellate Court in holding that the respondent is liable to pay arrears of rent for the period from October 1971 to November 1980, we only modify the rent payable with actual rent due in a sum of Rs. 7200/- and the decree to that extent is granted. The appeals stand allowed. The impugned order of the High Court is set aside and the judgment and decree of the trial Court and the lower appellate Court stand restored with the above modification as regards the rent and the total amount due.

18. By the impugned order, the High Court held that the respondent tenant should be directed to place on record the written statement by giving an opportunity of hearing. While holding so the learned Judge also noted that since even the appellant did not lead any evidence, while permitting the respondent to file written statement, the appellant can be directed to comply with the requirements of Section 15 (2)(i) of the Hyderabad Houses (Rent, Eviction and Leases) Control Act, 1954 in respect of tendering of rent and whether default was committed by the respondent and accordingly set aside the orders of the Court below and remit the matter back to the Rent Controller for rendering a decision in accordance with law by fixing a time schedule.

20. In the light of the decision in C.A.Nos.5316-5318/2012(@ SLP (C) Nos.26049-51/2011) and in the light of the fact that after the order of remittal passed in Civil Revision Application No.424 of 1987 dated 06.05.2011, the Rent Control Proceeding having been concluded before the Rent Controller, it will have to be held that SLP (C) No.23457/2011 has to be dismissed as having become infructuous. Accordingly, while C.A.Nos.5316-5318/2012(@ SLP (C) Nos.26049-51 of 2011) stand allowed with specific directions as regards the Rent arrears payable by the respondent, the Special Leave Petition No.23457 of 2011 stands dismissed as having become infructuous.

There will be no orders as to costs.

July 19, 2012