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PETITIONER: MR.BHASKAR

       Vs.

RESPONDENT: J. VENKATARAMA NAIDU,REP. BY HIS POWER OF ATTORNEYHOLDER A.

DATE OF JUDGMENT:       10/09/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. FAIZAN UDDIN (J) G.B. PATTANAIK (J)

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have heard learned counsel on both sides.      This appeal  by special  leave arises from the order of the High Court of Andhra Pradesh made on July 9, 1996 in CRP No.4290/95. The matter arises under Section 10(2) (1) of the A.P. Buildings  (Lease, Rent.  and  Eviction)  Control  Act, 1960. The  principal ground  for eviction ordered by all the three courts  below is  that  the  appellant  has  committed willful default in the payment of the rent from the month of June 1990 till October 31, 1990.      The contention  of Shri  Subba Rao, learned counsel for the appellant,  is that  the respondent landlord was staying in Hyderabad  and  the  power  of  attorney  holder  is  his brother-in-law-cum-maternal uncle  and that  whenever he was coming  to   Madanpalle,  he   was  paying  the  rents  and, therefore, there  is a  contract to the contrary. We find no substance in  the contention.  Though parties  are  related, nonetheless when the appellant is staying in the premises as tenant, he  has got an obligation to pay the rent regularly. If he  does not  do so,  he commits  willful default.  If he finds that  the landlord  is evading  the payment  of  rent, procedure has  been prescribed under Section 8 of the Act to issue notice to the landlord to name the bank and if he does not name  the bank,  the tenant  has to  file an application before the  Rent Controller  for permission  to deposit  the rents The  appellant did  not  avail  of  that  remedy.  The omission to avail of the procedure under Section 11 does not disentitle  the   landlord  to  seek  eviction  for  willful default.      The appeal  is accordingly  dismissed.  However,  three months time from today is granted to the appellant to vacate the premises  on his giving an usual undertaking within four weeks from today. No costs.

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