MARIYAM BEGUM versus BASHEERUNNISA BEGUM AND ORS.

MARIYAM BEGUM versus BASHEERUNNISA BEGUM AND ORS.

The tenant's indifference to the obligation of payment of rent constituted wilful default, supported by concurrent findings of the Rent Controller, appellate Judge, and High Court.

Parties
Appellant: Mariyam Begum; Respondent: Basheerunnisa Begum; Respondents: Other Respondents
Jurisdiction
India
Judgment Date
26 September 2001
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
appeals dismissed
Legal Topics
Eviction, Wilful Default in Payment of Rent, Sub Letting
Landlord Tenant Law Eviction Wilful Default in Payment of Rent Sub Letting

Case Brief

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Parties

Mariyam Begum

Appellant

Basheerunnisa Begum

Respondent

Other Respondents

Respondents

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the tenant committed wilful default in payment of rent under Section 10(2)(i) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960
  2. 2 Whether eviction can be ordered on the ground of sub-letting under Section 10(2)(ii)(a) of the Act

Ratio Decidendi

The tenant's indifference to the obligation of payment of rent constituted wilful default, supported by concurrent findings of the Rent Controller, appellate Judge, and High Court.

Court Disposition

appeals dismissed

Orders

  • Appellant's appeal dismissed; eviction order confirmed.
  • Appellant granted time until 30th April, 2002 to vacate premises, subject to filing usual undertaking within three weeks.