CH ESHWARAIAH DIED Vs. G SANGHI

JUDGEMENT

(1.) Petitioners 1 and 2 filed R.C. No. 85/79 before the Principal Rent Controller, Hyderabad, for eviction of the respondent under Sec. 10 (2) and (3) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, on the ground of wilful default in payment of rent and for bona fide requirement for personal occupation of the 2nd petitioner. The Rent Controller found both the points in favour of the petitioners and directed eviction of the respondent. R.A.No. 109/85 filed by ihe respondent was allowed by the appellate authority, reversing the findings of the Rent Controller on both the points. Pending the proceedings, the first petitioner died and petitioners 3 to 8 were impleaded as his legal representatives.

(2.) The learned counsel for the petitioners submitted that there was wilful default in payment of rents by the respondent from 1-4-78 to 31-12-78 and hence the Rent Controller rightly directed eviction of the respondent. She further submitted that the 2nd petitioner owns only the premises in question and does not own any other residential premises. She further contended that the appellate authority was wrong in taking into consideration that the other building is in possession of the mother and brothers of the 2nd petitioner and in reversing the well considered findings of the Rent Controller.

(3.) The learned counsel for the respondent contended that the rents for the alleged period of default were paid in advance and hence there was no default in payment of rent by the respondent. He argued that 2nd petitioner, not only owns the premises in question, but has a share in the joint family properties comprising eight houses and hence the appellate authority was correct in holding that the requirement of the petitioners is not bona fide.