MAJETI BUTCHI VISWANADHAM Vs. BATHULA SURYANARAYANA MURTHY

JUDGEMENT

(1.) This Revision is directed against the order made in R.C.A.No. 18/92 on the file of Principal Subordinate Judge, Visakhapatnam, reversing the order made in R.C.C.No. 38/85 on the file of Principal District Munsif-cum-Rent Controller, Visakhapatnam.

(2.) For the purpose of convenience, the parties will be referred to as arrayed in the Court of first instance, as landlords and the tenant.

(3.) The landlords had filed R.C.C. No. 38/85 on the file of Principal District Munsif-cum-Rent Controller, Visakhapatnam against the tenant on the ground of wilful default and also on certain other grounds including the ground of change of user of the premises. Originally, the rent was Rs. 50.00 and the premises was taken for the purpose of running cloth business and subsequently it was changed to Kirana business. Originally, the tenancy commenced during the life time of the father of the tenant and after his death, his son is continuing the business in the same premises. But there is some material to show that there is change of business. It is not in dispute, but the stand taken by the tenant is that the change of business is with the oral consent of the landlords. The tenant had denied all the allegations. P.Ws. 1 and 2 were examined. P.W. 1 is the son of the 1st Revision Petitioner i.e., the first landlord and P.W. 2 is the clerk. Exs. A-1 to A-3 were marked. The tenant had examined himself as R.W.1 and apart from it R.W. 2 was also examined and Exs. B-1 to B-19 were marked and the Court of first instance had ordered eviction on the ground of wilful default only and aggrieved by the same, an appeal was preferred by the tenant and the appeal was allowed on 16-7-1993 and aggrieved by the said order made in R.C.A.No. 18/92, the present Revision is filed.