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Judgment
This CRP is filed against the order dated 18-8-1993 RA No.386 of 1991 on the file of the Chief Judge, City Small Causes Court, Hyderabad confirming the order in IA No.706 of 1991 in RC 807 of 1987 passed by the learned III Additional Rent Controller.
The petitioners are the tenants. The respondent landlord filed an application for eviction on the ground of bona fide requirement for personal occupation and for wilful default. Pending the petition, the respondent filed IA615 of 1991 claiming arrears of rent of Rs.1,296/- and also seeking a direction to pay future rents at the rate of Rs.24/- per month. The said application was allowed directing the tenants to pay forthwith the arrears of rent. As that order was not complied with by the tenant, the landlord filed an application IA 706 of 1991 u/s 11(4) of the Rent Control Act, praying to induct the landlord in possession of the petitioner schedule premises. The said application was filed on 6-12-1991 after serving notice to the Counsel on the other side and the order was passed on the same day without giving any opportunity to show sufficient case for not depositing the amounts as directed by the Court. Aggrieved by that order, the petitioners carried the matter in appeal and the same was dismissed. Against that order, the present CRP is filed.
It is contended by the learned Counsel for the petitioners mat while ordering the application u/s 11(4) no opportunity was given to show sufficient cause for not depositing the amount. Straightaway the Court below ordered the application filed u/s 11(4) and hence the same is liable to be set aside.
I see force in his contention. The order passed by the Court below is not in consonance with Section 11(4) of the Act. The Rent Controller should have given opportunity to the petitioners to show sufficient cause for not depositing the amount-Admittedly, it has not given any opportunity to the tenants in this case. Hence, the impugned order is set aside.
It is submitted by the learned Counsel for the petitioners that the arrears of rent as directed by the Court below were deposited on 19-12-1991. The same is recorded.
As the RC is of the year 1987, the learned Rent Controller directed to dispose of the same within three months from the date of receipt of a copy of this order.
The CRP is allowed. No costs.