IMAMBI Vs. MOHAMMAD ISMAIL

JUDGEMENT

(1.) Both revision applications are admitted. Notices after admission made returnable forthwith by consent. Heard both sides for final disposal.

(2.) Civil Revision Application No.39 of 2014 is filed by the landlord and the other revision is filed by the tenant against the judgment and order of Regular Civil Appeal No.2/2012 which was pending before the learned Principal District Judge, Latur. The Rent Appeal was filed by the landlord against the judgment and order of Rent Controller, Udgir given in proceeding No.1979/RCA/3. The proceeding before the Rent Controller was filed by the landlord for eviction on the ground of default and also on the ground of bona fide requirement of the premises for personal use. the Rent Controller rejected the application. In appeal filed by the landlord, decision is given in favour of the landlord on the ground of default but the claim of possession on the ground of bona fide requirement for personal use of the landlord is rejected.

(3.) The proceeding before the Rent Controller was filed in respect of House No.3-3-32 and 3-3-34 situated within Municipal limits of Udgir, District Latur on the ground of default under section 15(2)(1) and on the ground of bona fide requirement for personal use under section 15(3)(a)(iv) of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (hereinafter referred to as "the Act"). It is the case of the landlord that right from beginning the tenant did not pay rent and he committed default which was willful. He contended that he had filed suits for recovery of arrears of rent in respect of the period till the date of application made before the Rent Controller. Statutory notice was given by the landlord and on the second ground it was contended that the landlord wanted to start business in the suit premises. The proceeding was contested by the tenant by denying both the contentions.