K. Chandrakant Navaratan & Anr. Vs. Sharda Bai
EmailAndhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960
Sections 8 & 10 – Eviction proceedings – Maintainability – Default in payment of rent – Appellants filing application under Section 8 – Eviction Petition under Section 10 pending – Application under Section 8 contested by Respondent on the ground that the rent has been enhanced by a subsequent rental deed – Rent Controller permitting the deposit of rent at the old rate – Respondent filing appeal before Chief Judge, Small Causes Court – Appellate authority directing deposit of rent at the enhanced rate – Revision filed in High Court dismissed – SLP – Whether the question of quantum of rent and the default if any, can be the subject matter of summary proceedings under Section 8 particularly when proceedings under Section 10 are pending. Held; No. Appellants directed to deposit rent as directed by High Court subject to the condition that any withdrawal will abide the result of the proceedings under Section 10 of the Act.
1. These appeals, by special leave, arise out of the common order of the High Court of Andhra Pradesh in C.R.P.No.2923 of 1997 and C.R.P. No. 2843 of 1997 passed on November 13, 1997.
2. The Respondent is the landlady of mulgies (Mulki?) 21.02.131/8 and 21.02.131/7 situated at Charminar, Hyderabad. The Appellants, who are father and son, are tenants of these mulgies (Mulkies?). The rent of the first mentioned mulgies (Mulkies?) was Rs.250/- per month and that of the second mentioned mulki was Rs.300/- per month. On the alle-gation that the Respondent was not receiving the rent, the Appellants filed applications under Section 8 of the Andhra Pradesh Buildings (Lease, Rent and Eviction ) Control Act, 1960 (for short, the Act). The Appellants contested the petition pleading, inter alia, that under rental agreement dated September 01, 1987 (Ex.R-5), the rent of the said mulkies was enhanced to Rs.1200/- per month. The learned Rent Controller permitted the Appellants to deposit rent at the rate of Rs.250/- and Rs.300/- per month, negativing the plea of the Respondent that the rent of the two mulkies was Rs.1200/-. Dissatisfied with the said order of the learned Rent Controller, the Respondent filed appeals before the Chief Judge, Small Causes Court, the appellate authority under the Act. The learned Chief judge having construed the said rental agreement and other materials, directed the Appellants to deposit rent at the rate of Rs.1200/- per month. The Appellants’ revisions before the High Court against the order of the learned Chief Judge were dismissed by the impugned order. The Appellants are, therefore, before us in these appeals.
3. Inasmuch as the question of quantum of rent and the default, if any, committed by the Appellants are subject matters of pro-ceedings under Section 10 of the Act initiated by the respondent, we do not consider it appropriate in summary proceedings arising under Section 8 of the Act to go into this aspect as eviction proceedings between the parties are pending before the Rent Controller. Suffice it to say that the deposit of rent at the rate determined by both the appellate authority and the High Court, by order under challenge, will not in any way cause preju-dice to the rights of the parties as it would be subject to the result of final orders that would be passed by the learned Rent Controller in proceedings under Section 10 of the Act. We, therefore, decline to interfere with the impugned order.
4. We, however, clarify that the withdrawal of the amount so deposited by the Appellants will abide the result of the eviction proceedings now pending before the learned Rent Controller, Hyderabad.
5. The civil appeals are accordingly dismissed.
6. No costs.
