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Patanshi Patel vs Mohd. Kazim Ali Khan And Ors. on 6 June, 2002 cites

Rakapalli Raja Rama Gopala Rao vs Naragani Govinda Sehararao & Anr on 12 September, 1989

10. The learned Counsel appearing for the petitioner placed reliance on a judgment of the Apex Court in the case of R.R.R. Gopala Rao v. N.G.Sehararao, , and stated that there was no default in payment of rents much less wilful default. In the aforesaid case, there was an oral agreement of sale and an amount of Rs. 5,000/- as Earnest Money Deposit was paid to the predecessor of the landlord and the suit filed for specific performance was dismissed and in the appeal filed by the tenant-defendant, it was held that he was entitled to purchase the property under the said oral agreement since he has already paid some money by way of Earnest Money Deposit and he was under no obligation to pay the rents to the landlord.
Supreme Court of India Cites 7 - Cited by 69 - A M Ahmadi - Full Document

M. Rangaiah Naidu (Died) By L.Rs. vs Abdul Kareem Khan And Ors. on 3 November, 1989

In case of M. Rangaiah Naidu v. Abdul Karim Khan, 1990 (1) An.WR.1, the Supreme Court held that the meaning of the words 'wilful default' indicate that the default in order to be wilful must be intentional, deliberate, calculated and conscious with full knowledge of legal consequences flowing therefrom. Therefore, as per the proviso to Section 10(2) of the Act, the Rent Controller so satisfied that he must be given an opportunity to the tenant to make good the arrears within a reasonable time and if the tenant does so within the time prescribed, he must reject the landlord's application for eviction. In the instant case, the petitioner paid the entire sale consideration in respect of the suit premises. It is stated that the suits for specific performance of the said agreements of sale are pending before the Civil Court between the parties and there is no final adjudication. Therefore, the bona fide belief of the petitioner - tenant is that he has purchased the property under the said written agreement of sale. He has paid entire sale consideration and according to the recitals of the agreements Ex.R-1 and R-2 he is not only entitled to continue the possession but also he need not pay any rent and he can develop the property and make use of the property for any purpose. In order to secure eviction, for nonpayment of rents or for making use of the premises for any other purpose, the respondents shall have to establish the jural relationship of the landlord and the tenant. But in the instant case, the respondents have not established any jural relationship of the landlord and the tenant and the petitioner is continuing in possession in view of the aforesaid two agreements of sale (Ex.R-1 and R-2), and therefore, the respondents have not shown that the default on the part of the petitioner was intentional, deliberate, calculated of conscious with full knowledge of legal consequences. Here is the tenant, who is the petitioner, felt that he had invested huge amount and paid entire sale consideration of Rs. 1,20,000/-and purchased the said property by agreement of sale but due to non-compliance of the other formalities such as, clearances of Income Tax Certificate, Urban Land-Ceiling certificate etc., from the authorities concerned, execution of regular sale deed has been delayed and by reason of non-execution of regular sale deed, the title to the property may not be marketable one but it does not mean that the jural relationship of the landlord and the tenant continues even after executing Exs.R-1 and R-2. It is not the case of the tenant who failed to pay rents without any reason. The reason for non-payment of rent is that he genuinely believed that he had purchased the property and that he was under no obligation to pay it and, therefore, I am of the opinion that this a case which the Rent Controller has rightly held that the jural relationship between the landlord and the tenant has not been established and the Appellate Authority is not right in holding that there is a jural relationship of landlord and tenant by reason of non-execution of a regular sale deed.
Andhra HC (Pre-Telangana) Cites 8 - Cited by 4 - Full Document
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