MAHBOOB BI Vs. ALVALA LACHMIAH

JUDGEMENT

(1.) This revision petition against the orders of the Chief Judge, City Small Causes Court, Hyderabad, has been filed by the Landlord under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.

(2.) The facts leading up to this revision petition are the following: The petitioner filed Case No. 1154/60/EV before the Rent Controller, Hyderabad, against the tenant for eviction of the tenant from house bearing No. 22-1-277 (old No. 3894) situated at Anduroon Chaderghat. Tha Landlord who is a woman alleged that the tenant has denied her title and wilfully defaulted to pay the rent. She also complained that the tenant has un-authorisedly sub-let portions of the house. She also maintained that the house was bona fide required for use as her residence.

(3.) The Rent Controller considered that the refusal of the tenant to receive notice of the proceedings sent by registered post entitled him to set the tenant ex parte and proceed to consider the application for eviction. He held that the petitioner owned the house, that the tenant has committed wilful default in payment of the rents; and that inasmuch as he also found that the house was required for the use of the landlord, he ordered eviction. He, however, negatived the contention of the landlord that the tenant sub-let the house.