HABEEBULLAH KHAN Vs. SHAIK YOUSUF

JUDGEMENT

(1.) This revision is directed against the judgment dated 21.07.2009 passed in R.A. No . 91 of 2007 by the Chief Judge, City Small Causes Court, Hyderabad ('the appellate authority', for brevity), whereby and whereunder, the order dated 27.02.2007 passed in R.C. No . 12 of 2004 by the IV Additional Rent Controller - cum - XVI Junior Civil Judge, Hyderabad ('the Rent Controller', for brevity) was set aside.

(2.) The petitioner herein is the landlord and the respondent herein is the tenant of the premises bearing municipal No. 10-2-317/1/B2, situated at New Mallepally, Hyderabad (petition schedule premises). For the sake of convenience, the parties will be hereinafter referred to as they were arrayed before the Rent Controller.

(3.) Shorn of other details, the brief case of the petitioner is that he is the owner of the petition schedule premises and that the respondent entered into the petition schedule premises as a tenant under Ex.B.1 - Rental Agreement dated 22.04.1997 for a period of 11 months and that the agreed rent is Rs. 950/-per month exclusive of electricity and water charges payable on 5th of each calendar month. Alleging that the respondent was not paying the rents regularly from January 2001 till 09.04.2004, i.e., till the date of filing of the RC and as such committed default in payment of rents, the petitioner sought eviction of the respondent from the petition schedule premises by filing the above referred RC under Section 10(2)(i) of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960. The petitioner has shown the boundaries of the petition schedule premises as North = Owners property and 40 feet road; South = Naala (drainage); East = 60 feet road and neighbours property; and West = Owners property; and the total extent is 46 square yards.