ATAULLAH B Vs. K NISAR AHMED

JUDGEMENT

(1.) This Civil Revision Petition is directed against an order made in C.M.A.No. 25 of 1997 dated 7-12-1998 on the file of the Senior Civil Judge, Adoni reversing the order made in R.C.C.No. 8 of 1996 on the file of the Principal District Munsif-cum-Rent Controller, Adoni.

(2.) The revision petitioner is the landlord and the respondent is the tenant. For the purpose of convenience the parties will be referred to as landlord and tenant hereafter.

(3.) The landlord filed R.C.C.No. 8 of 1996 on the file of the Principal District Munsif-cum-Rent Controller, Adoni claiming the relief of eviction of the tenant under Section 10(3) (a) (iii) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short "the Rent Control Act") on the ground of bona fide requirement. The dispute relates to a non-residential premises in Adoni town. The case of the landlord is that he is a retired municipal Teacher and he had retired from service in the year 1992 and he is unable to maintain himself, his son, daughters-in-law, sisters and other members of the family with the meagre pension amount and with a view to enhance the income for the sake of his family by doing business in cutlery-cum- electrical goods in the premises let out to the tenant, he bona fide requires the premises for running business. The tenant had filed a detailed counter and had denied all the allegations. The tenant had taken a specific stand that the dispute is relating to the unreasonable demand made by the landlord for enhancement of rent and that is the reason why though the landlord does not bona fide require the premises he thought of the present rent control case. The parties had let in evidence and on the side of the landlord P.W. 1 to P.W. A were examined and Exs.A-1 and A-2 were marked and on behalf of the tenant he examined himself as R.W. 1 and Ex.B-1 was marked.