MIRZA ISMAIL BAIG Vs. MOHAMMAD MUNIRODDIN AND ORS.

JUDGEMENT

(1.) The revision is filed against judgment and order of Rent Controller, Jalna delivered in file No. 95/RC/CR-9 and judgment and order of Rent Appeal No. 2 of 2010 which was pending in the Court of Principal District Judge, Jalna. In a proceeding filed for eviction under section 15 of Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1054 (hereinafter referred to as the Act) the relief of eviction is given by the Rent Controller on two grounds, like willful default and personal bonafide requirement of the suit premises. The decision is confirmed by the Appellate Court. Both the sides are heard.

(2.) The suit property is part of Municipal House No. 4252 situated on College Road, Sadar Bazar, Jalna. It was given on monthly rent to the tenant on 1st March, 1992 for doing hotel business and written agreement was prepared accordingly (dated 16th February, 1993). It is contended that there was an agreement to pay Rs. 1,000/- per month after the expiry of English Calendar month and the tenant was also liable to pay the electricity charges. It is contended that after expiry of 11 months, the tenant was expected to hand over the possession but the tenant did not hand over the possession.

(3.) It is the case of the landlord that right from beginning the tenant was not regular in making payment of monthly rent. It is contended that as the tenant was in arrears of rent and he had not paid the rent since March, 1993, statutory notice was issued to tenant on 8th November, 2004 and his tenancy was terminated. It is contended that in the notice it was also informed that the landlord wanted the premises for his personal bonafide use. The arrears amount was Rs. 23,000/-.