CHANDA BAI Vs. PURUSHOTHAM DASS

JUDGEMENT

(1.) The landlords in R.C.No. 350 of 1988 on the file of IV Additional Rent Controller at Hyderabad, filed this revision petition against the order dated 4th August, 1997, in R.A.No. 520 of 1994 on the file of Chief Judge, City Small Causes Court, Hyderabad, confirming the orders dated 29-7-1994 of the Rent Controller in R.C.No. 350 of 1988.

(2.) The revision petitioners sought the eviction of the tenants on various grounds, namely, wilful default in payment of rent, bona fide requirement of the landlords for their personal use, subletting by the tenants and using the premises for the purpose other than the purpose for which the suit premises was leased out to the tenants. On appreciation of the material placed by both the parties before the Rent Controller, the Rent Controller as well as the appellate Court did not accept any of the grounds put forward by the landlords for eviction of the tenants. At the time of hearing of this revision petition, the revision petitioners pressed into service only one ground, namely, that the tenants used the premises for the purpose other than for which the premises was let out to the tenants. The other grounds were not pressed by the landlords.

(3.) The suit premises was let out to the tenants for their residential purposes. In some other premises elsewhere the tenants were carrying on business in cloth in a rented shop. According to the landlords the tenants were bringing the cloth bundles into the residential premises, cutting them into pieces and then taking the cut pieces into their shop. Thus according to the landlords the tenants are using the residential premises for their business purposes. the tenants are disputing the same. According to them whenever the cloth bundles are received from outside stations, they used to bring the bundles into the residential premises and later take them into their cloth shop. The two Courts below concurrently found that the tenants are not using the premises for their business purposes. Those findings are given on proper appreciation of the evidence placed by both the parties before the Rent Controller.