NANDKUMARBAI M PATIL Vs. P N SHAHANE

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India arises out of an application filed by petitioner landlord to the Rent Controller under sub-section (2) of section 15 of Hyderabad House (Rent, Eviction & Lease) Control Act, 1954. This application was filed for possession of the suit premises in possession of the respondents situate on the first floor of the petitioners house bearing Municipal No. 2-8-78 at Aurangabad, Aurangabad, as tenants of the petitioner. The possession was asked for on three grounds viz., that the respondents had wilfully committed defaults in payment of rent, that the petitioner needs the premises for her bona fide personal use and occupation and lastly that the premises were in a dilapidated condition and could not be reconstructed, without the respondents vacating the same. It was the case of the petitioner that the respondents had not paid rent for the period from March 1969 till the date of the filing of the application before the Rent Controller on January 27, 1971. It is not in dispute that the agreed rent of the premises is Rs. 10/- per month. The Rent Controller held that the respondents were wilful defaulters. However, as far as the two other grounds are concerned, he held that the landlord had not proved her case for bona fide personal requirement and also that the premises were in a dilapidated condition and could not be re-constructed without the respondents vacating the same. Thus, on the ground of wilfull default said to have been committed by the respondents in payment of the rent, the application of the petitioner was granted by Rent Controller by his order dated 23 May, 1973.

(2.) Some of the respondents challenged this order of eviction by filing an appeal in the District Court. By judgment and order dated March 27, 1975, the learned District Judge held that the petitioner had failed to establish any of the grounds for eviction alleged by the petitioner. In this view of the matter, he set aside the order of eviction passed by the Rent Controller and dismissed the petitioners application.

(3.) Being aggrieved by this decision, the petitioner has filed this petition under Article 227 of the Constitution of India.