GOPI @ GOVERDHANNATH (D) Vs. SRI BALLABH VYAS

JUDGEMENT

(1.) Leave granted.

(2.) In this appeal by Special Leave the appellants assail the judgment and order dtd. 10/7/2018 in Civil Revision Petition No. 2752 of 2018 of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh. It arises out of R.C. No. 262 of 2008 brought by the respondent herein under Sec. 10(2) (i), 10(2) (vi) and 10(3) (a) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short "the Act"), for the eviction of appellant Nos. 2 and 3 herein and the other respondents therein, who are all the successors-in-interest of the original tenant Shri Balraj, being his wife and children, from the petition schedule property. The petition schedule property is a Mulgi (small shop), admeasuring 29 square yards, abutting main road of Mangalhat, Hyderabad. They were sought to be evicted on three-fold grounds viz., non-payment/default in payment of rent, [ (S. 10 (2) (i)], tenant's denial of the title of the landlord not being bonafide [(S.10(2) (vi)] and landlord' s right to be put in the possession of property for his own business use [ (S. 10 (3) (a)].

(3.) As per the order in R.C. No. 262 of 2008 dtd. 7/11/2015, it was allowed and the respondents therein were directed to vacate the petition schedule property and to handover its vacant physical possession to the petitioner therein (the respondent herein) within 3 months from the date of the order. The unsuccessful respondents therein took up the matter before the Appellate Authority, viz., Court of Chief Judge, City Small Causes Court at Hyderabad, as Rent Appeal No. 57 of 2016. The Appellate Authority considered the grounds of attack and found them meritless and consequently, dismissed the appeal. It is aggrieved by the same that the stated Civil Revision Petition was filed before the High Court, which ultimately culminated in the impugned judgment.