J M BENEDICT Vs. MITHILESWARI JAISWAL

JUDGEMENT

(1.) This revision is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. (hereinafter referred to as 'Act') by the tenant.

(2.) The respondent is the owner of there sidential premises bearing No. 5-9-496 and 497 situated at Gunfoundary, Hyderabad. The petitioner is the tenant in respect of the said premises, on a monthly rent of Rs. 130/- including water and electricity charges. The respondent filed R.C.NO. 745 of 1992 in the Court of Principal Rent Controller, Hyderabad seeking eviction of the petitioner on the grounds of wilful default of payment of rent from 1-11-1990 to 31-10-1992 and that she requires the premises for her personal use and occupation. In the petition, the respondent pleaded that the petitioner paid rents up to October, 1990 and thereafter stopped paying the rents and that he is liable to pay a sum of Rs. 3,120/- towards accumulated rents up to October, 1992. The R.C. was filed on 10-11-1992. It was also stated that on account of the uncongenial atmosphere in her present place of residence and frequent quarrels between her husband and other members of the family, she needs the schedule premises for her personal occupation.

(3.) The respondent (sic. petitioner) filed a counter resisting the petition. It was pleaded that the rents were being offered from time to time and when there was refusal on the part of the respondent to accept the rents, the petitioner had taken steps, such as by sending the rent by money order and also initiating proceedings under Section 8 of the Act. He has also denied the plea of the respondent as regards personal occupation, On behalf of the respondent she examined herself, as P.W. 1 and she did not adduce any documentary evidence. The petitioner got himself examined as R.W. 1 and marked Exs. R-1 to R-18.