DINESH AMRATLAL THAKKAR Vs. PREMCHAND BHAGWANDAS WAKHARIA

JUDGEMENT

(1.) This Civil Revision Application is filed challenging the judgment and order of eviction dated 30th June, 2001 passed by Rent Controller Nanded, in proceeding No RCA (15)-10/96 and the judgment and order dated 3rd January, 2003 in HRCA No. 16 of 2001. The applicant-tenant herein is original defendant and respondent is landlord.

(2.) Respondent initiated proceedings against the applicant herein before the Rent Controller under section 15 of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (For short "said Act"), on three grounds i.e.(i) willful default in payment of rent by tenant for period from January 1993 to February 1996, (ii) Alternate accommodation secured by tenant, (iii) Bonafide requirement of landlord and that the tenant has locked the suit premises and kept it out of use.

(3.) The applicant herein appeared before the Rent Controller and filed written statement contending therein that he is tenant of the suit premises from last ten years having tenancy over five rooms with latrine and bathroom. He denied that, he has committed any willful default. It was contended by the tenant that rent was rendered by him, but the landlord refused to accept the same. All other contentions raised by landlord are also refuted by the applicant-tenant. In additional facts, he further contended that, respondent and his family members are living in suit premises and that there is no personal bonafide requirement of landlord, as the landlord has got three blocks on ground floor, three blocks on first floor and five blocks on second floor and all of them are leased out to different tenants. It was further contended that, since the landlord started avoiding to accept the rent, hence rent was tendered by money orders. The Rent Controller after recording evidence and hearing the parties, by the judgment and order dated 30th June, 2001 allowed the petition for eviction on three grounds i.e.