IQBAL HYDER Vs. MOHAMMED WAZEERUDDLN

JUDGEMENT

(1.) The petitioner tenant assails the order dated 4-8-1999 passed by the learned Additional Chief Judge, City Small Causes Court, Hyderabad in R.A. No.193 of 1994. R.A. No. 193 of 1994 was filed by the revision petitioner assailing the eviction order passed against him in R.C. No.648 of 1987 by the learned II Additional Rent Controller by his order dated 21-3-1994. The Eviction Petition was filed by the respondent landlord herein on the premise that the revision petitioner is the tenant under him and he committed wilful default in paying the rents besides creating nuisance and denial of title. It is better to refer the parties as landlord and tenant to avoid any confusion.

(2.) At the enquiry conducted in this regard by the learned II Additional Rent Controller, the landlord was examined as P.W.I besides getting the documents Ex.P-1 to Ex.P-20 marked on his side and the tenant was examined as R.W.I besides getting Ex.R-1 to Ex.R-26 marked on his side. Upon considering the evidence both oral and documentary adduced on either side, the learned Rent Controller allowed the petition directing the tenant to handover vacant possession of the suit premises within two months from the date of the order to the landlord. In the appeal, the learned Additional Chief Judge after having come to a clear conclusion, that the appellant was tenant under the respondent landlord in respect of the demised premises viz., the Wooden Bunk and that the provisions of the Andhra Pradesh Buildings (Lease Rent and Eviction) Control Act, 1966 (for short the "Act") apply to the same and that the appellant denied the title of the respondent mala fidelj and committed default, dismissed the appeal. Having been aggrieved by the said order, the tenant filed the present revision.

(3.) There has been a concurrent finding on the contentious issue of jural relationship of land and tenant between the parties interse. The said finding has been arrived at by both the Courts below on an appreciation of oral and documentary evidence adduced on the point on either side.