LAWS(APH)-2011-7-64

M SAVITHRI BAI Vs. E BABAMIAN AND BROTHERS

Decided On July 14, 2011
M. SAVITHRI BAI Appellant
V/S
E. BAHAMIAN Respondents

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Petitioner and the second Respondent.

(2.) The brief facts alleged in the affidavit filed by the Petitioner in support of the contempt petition may be stated as follows:

(3.) The Respondents obtained the schedule premises on lease and when there was willful default in payment of rent by the first Respondent-tenant and when the Petitioner required the premises for his personal use, he was constrained to file R.C. No. 194 of 2006 on the file of the Principal Rent Controller, Secunderabad. On contest and on considering the merits of the case, the learned Rent Controller ordered eviction on the ground of bona fide requirement for personal occupction by his order dated 31.03.2008. Against the said order, the second Respondent filed R.A. No. 89 of 2008 on the file of the Chief Judge, City Small Causes Court, Hyderabad which was dismissed by judgment dated 19.10.2009. Again feeling aggrieved by the said judgment, the second Respondent filed C.R.P. No. 5998 of 2009 before this Court and on 19.12.2009 the said revision petition was also dismissed taking into account the undertaking given by the first Respondent that he would vacate the premises by 30-06-2010. The SLP No. 12398 of 2010 filed by the first Respondent was dismissed by the Supreme Court on 31.05.2010 granting liberty to make an appropriate application before this Court. Later on, the first Respondent filed Review CMP Nos. 3141 of 2010 and 3142 of 2010 and the said applications were dismissed on 15.07.2010. The first Respondent once again filed a petition CMP No. 3788 of 2010 seeking extension of time to vacate the premises which was disposed of extending the time till 29.10.2010. Thereafter, the first Respondent filed CMP No. 6606 of 2010 for further extension of time and they were dismissed by this Court by order dated 29.10.2010.