SYESD ASHRAF ALL Vs. A VIJAYALAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the Judgment dated 05-06-2000 passed by the Additional Chief Judge, City Small Causes Court Hyderabad, In R.A.No. 6 of 1996.

(2.) The unsuccessful tenant in both the forums is the revision petitioner and the respondent herein is the landlady who filed the eviction petition in R.C.No. 151 of 1990 on the file of the Additional Rent Controller Secunderabad, seeking eviction of the tenant on the premises of wilful default, the tenant securing alternative accommodation of his own, and the bonafide personal requirement. On enquiry, the learned Rent Controller directed the eviction of the tenant on the ground of wilful default while negativing the other two pleas taken by the landlady. Having been aggrieved by the said order of eviction, the tenant carried the matter in appeal. Under the impugned Judgment, the learned appellate authority dismissed the appeal while concurring with the findings of the learned Rent Controller. Consequently, the tenant was given two months time to vacate the premises.

(3.) The case of the landlady was that she being the owner of the premises bearing municipal No. 3-4-86/A situate at tobacco bazaar, Secunderabad, let out the premises to the tenant on monthly rent of Rs. 600/- exclusive of the property tax and electricity charges. The premises in question is a non- residential premises. The tenant executed a lease agreement dated 01-03-1982 for a period of 11 months. After expiry of 11 months, the tenant continued as the tenant holding over. The rent was payable in advance on or before 5th of every month. The tenant was irregular in payment of rents and committed default from January, 1989 to June, 1990 i.e. for a period of 18 months in a total sum of Rs. 10,800/- despite the repeated requests and demands. Besides that, the tenant secured an alternative accommodation of his own. It was her further case that she bona fide required the premises for additional accommodation for her business.