VALLAMPATI KALAVATHI Vs. HAJI ISMAIL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-Vallampati Kalavathi is the landlady of the building bearing door No. 2-11-38-A of Vulli Street, Vizianagaram, in the State of Andhra Pradesh and the respondent-Haji Ismail is the tenant of the said premises.

(3.) The appellant filed the petition under S. 10 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short 'the Act') seeking eviction of the tenant on two grounds : (1) that the tenant has committed default to pay or tender the rent in respect of the said building in time and (2) that the landlady requires the premises for shifting her residence to Vizianagaram to educate her children, a son and a daughter, who are to join courses there for their higher education. The tenant refuted the allegations made by the landlady on both the grounds. He denied that the landlady has any bona fide requirement for occupying the premises.