KONAGANDLA SARASWATHI Vs. PULIPATY KUMARSWAMY

JUDGEMENT

(1.) This Civil Revision Petition has been preferred by the legal heirs of the deceased Lakshmayya who is the tenant against the decree and Judgment passed in R.CA.No.45 of 1985, on 28th June, 1991 by the Principal Subordinate Judge, Guntur confirming the decree and judgment of the learned Rent Controller, Guntur.

(2.) In Rent control proceedings, one Konagandla Lakshmayya is the tenant and during the pendency of R.C.A.45 of 1985, he died and subsequently, his Legal representatives i.e., petitioners 1 to 4 herein are brought on record. In this background of the case, the parties will be arrayed as landlord and tenant for the sake of convenience.

(3.) The backdrop of the facts of the case, which are relevant for appreciation of point involved in this revision, is as under, The landlord filed a petition under Section 10 of the Rent Control Act alleging that the property originally belonged to one Kotharaju Bhaskararao and the same was leased to the tenant on a monthly rent of Rs.125/-. The landlord has been carrying on business in gunnies for the past 15 years. The petitioner purchased the property from the said Kotharaju Bhaskararao and allowed the tenant on a monthly rent of Rs.125/-. Prior to the purchase of the property, the said Kotharaju Bhaskararao filed R.C.C.35 of 1975 against the tenant for eviction and the same was dismissed, against which R.C.A.No.50 of 1977 was filed and the same allowed, against which a revision was preferred before this Court and this Court allowed the revision and remanded the matter to the lower appellate Court. The petitioner has no other premises of his own to carry on the business and now he requires the premises in question on the ground of bona fide requirement.