Lease Overstayed Without Extension; Non-Payment of Rent Amounts to Default - Andhra Pradesh High Court Dismisses Civil Revision Petition in Lease Dispute

In a recent judgment, the Andhra Pradesh High Court, presided over by Hon’ble Sri Justice R. Raghunandan Rao, dismissed a civil revision petition involving a lease dispute. The case, titled Chinthagunta Thyagaraju vs G. Reddeppa Chetty, revolved around the petitioner's failure to vacate a leased property after the end of the lease term.

The Court, in its observation, noted, "The petitioner had been inducted into possession of the petition schedule property for only one year in the year 2010 and had continued to remain in possession for the last 13 years without any extension of the said lease." This statement highlighted the crux of the dispute, where the petitioner overstayed the lease without any formal extension.

The case began with the respondent filing for eviction after the petitioner failed to vacate the premises post the expiry of the tenancy agreement. The Rent Controller initially allowed the respondent's petition, a decision later upheld by the Appellate Authority.

Sri P. Vasu Sekhar, the learned counsel for the petitioner, argued that his client relied on the property for his livelihood as a hairdresser and lacked alternative accommodation. However, the court found these arguments insufficient, emphasizing the lack of evidence to prove that the non-payment of rent was not a wilful default. The Court stated, "The burden of proving that it is not a wilful default would rest on the petitioner."

Ultimately, the Andhra Pradesh High Court saw no material reason to interfere with the decisions of the Primary and Appellate Tribunals, leading to the dismissal of the civil revision petition. The Court decreed, "Accordingly, this Civil Revision Petition is dismissed. There shall be no order as to costs."

 Date of Decision: 1st February 2024

 CHINTHAGUNTA THYAGARAJU VS G. REDDEPPA CHETTY