1. ' This is a Second Rent Appeal filed by the appellant/tenant challenging the order dated 25th April, 1978 of the Rent Controller, Hyderabad, allowing Rent Application No, 277 of 1971 of the respondent/landlord and the order dated 31st August, 1981 of the I Additional District Judge, Hyderabad, dismissing the First Rent Appeal of the appellant. The ejectment was ordered on the ground of default in the payment of rent and there is a concurrent finding of wilful default by both the Tribunals on this point.
2. ' Briefly the facts are that the appellant was a tenant of the respondent in respect of the premises in question at the rate of Rs, 50 per month. The Rent Application was filed before the Rent Controller on 12th July, 1977. In the Rent Application it was mentioned that the appellant had not paid rent since February, 1976. The case of the appellant was that rent had been paid upto June, 1976 but thereafter the respondent demanded the enhanced rent, which demand was resisted by the appellant and the respondent for mala fide reasons did not accept the rent on one pretext or the other and, in the circumstances, the appellant tendered the rent through a Money Order from July, 1976 to June, 1977, that is for full one year, amounting to Rs, 600 but the Money Order was refused by the respondent.
3. ' Learned counsel for the appellant has assailed the concurrent findings of the two Tribunals below on the ground that the Tribunals failed to consider that the appellant was doing business in the premises in question for the last 11 years and that evidence had been given by the appellant that he had tendered the rent but as it was not accepted by the respondent the Money Order was sent in July, 1977. In these circumstances, according to learned counsel for the appellant, the Tribunals should have exercised the discretion in favour of the appellant/tenant. It was admitted by learned counsel for the appellant that there was a technical default as rent had not been actually paid, although tendered, from July, 1976. However, it was contended that in the circumstances of this case, it could not be believed that the appellant would intentionally not pay the rent having been a tenant for such a long time and doing business for the last 11 years in the premises in question. The contention has no force. The two Tribunals have given a concurrent finding that there has been a wilful default on the part of the appellant in the payment of the rent. Admittedly, the Money Order was sent in July, 1977, tendering rent for 12 months in a lump sum. If the respondent was asking for enhanced rent or avoiding to accept the rent on one pretext or the other the appellant should have been vigilant and either tendered the rent through Money Order or deposited the same through a miscellaneous application before the Rent Controller. The tenant cannot plead his negligence for asking the Controller to exercise the discretion in his favour. There is a concurrent finding of fact on the point of wilful default and I do not see any reason or justification for disturbing these findings in Second Appeal.
4. ' It was then argued that in the Rent Application it was mentioned that the rent was due from February, 1976 whereas in his cross-examination, the respondent/landlord admitted that the rent was due from June, 1976. It was, therefore, contended that the Rent Application was itself mala fide.
5. This contention has also no force. The two Tribunals have come to the conclusion on the basis of evidence on record that there is a wilful default in the payment of rent on the part of the appellant with effect from July 1976. The discretion has been exercised in favour of the respondent and I have not been persuaded on the basis of anything on the record to take a different view. The Rent Application cannot be considered, in the circumstances, to have been filed mala fide and as such liable for dismissal.
6. ' As a result, this Second Rent Appeal has no merit-and it is dismissed in limine. The appellant is, however, granted time till 28th February, 1982 to vacate the premises.