RAYAPURAJU VENKATARAMA RAO Vs. GANGADHARAN NAIR

JUDGEMENT

(1.) This revision is directed against the order dated 05.06.2006 passed in R.A. No.180 of 2002 by the Additional Chief Judge, City Small Causes Court, Hyderabad, whereby and whereunder the eviction order passed by the I Additional Rent Controller in R.C. No.343 of 1999, dated 26.04.2002 was set aside and dismissed the eviction petition in toto.

(2.) The parties hereinafter will be referred to as they are arrayed before the Rent Controller for the sake of convenience.

(3.) The case of the petitioner/landlord, in nutshell, is that he is the owner of the premises bearing No.3-2-844/5 situated at Kachiguda, Hyderabad. The respondent is the tenant of the said premises. The agreed monthly rent is Rs. 950/- per month and the same is payable on or before 5th of every succeeding month. A written lease deed was executed on 27.12.1992. The petitioner's grand son Dr. Ajay Kumar is the dentist and he passed BDS in January, 1997. He wanted to start a clinic in the premises let out to the respondent and the petitioner issued a letter dated 21-12-1998 requesting the respondent to vacate the premises. Again another notice was issued on 07.04.1999. After receiving the said notice, the respondent has issued a cheque for Rs. 3,800/- towards four months rent with letter dated 28.05.1999 stating that the amount is towards the rent for the months from February to May, 1999. The petitioner/landlord adjusted the said amount towards the rent for the months of November, 1998 to February, 1999 and the rent is due from March 1999 onwards. Thus, the petitioner sought eviction of the respondent both on the grounds of willful default and bona fide requirement.