KUSUMANCHI MAHALAKSHMAMMA Vs. AMNA

JUDGEMENT

(1.) Landladies are the petitioners in this Civil Revision Petition, arising under section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. The landladies (hereinafter referred to as "the petitioners") filed an eviction petition, being H. R. C. No. 2 of 1974 on the file of the Rent Controller (District Munsif), Anakapalle, on the ground of bona fide personal requirement and also on the ground that the tenant was committing acts of waste and damage to the building. The petitioners also stated that earlier they had filed an eviction petition on the very same ground, being H. R. C. No. 10 of 1970, during the pendency of which the tenant died, and because, the petitioners could not bring his legal representatives on record within the prescribed time, the petition was dismissed as having abated. Therefore, they stated, the present eviction petition was filed.

(2.) The respondents (tenants) denied the grounds put forward by the petitioners for eviction, and submitted that the dismissal of the earlier eviction petition bars the present eviction petition, since the latter is based upon the very same cause of action upon which the former petition was based.

(3.) The Rent Controller found that the personal requirement put forward by the petitioners is true and bona fide, and also that the tenants are guilty of committing acts of waste and damage to the building and, accordingly, ordered eviction. On appeal, the learned Principal Subordinate Judge, Visakhapatnam, affirmed the findings of the Rent Controller on both the issues; but allowed the appeal and dismissed the eviction petition holding that the same is barred by Order 22, rule 9, Civil Procedure Code. Hence this civil revision petition by the landladies.