A RAJAIAH Vs. K SITHA RAMA RAO

JUDGEMENT

(1.) This revision petition is preferred under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short "the Rent Control Act") against the judgment dated 28.06.2013 in R.A. No. 396/2010 on the file of the Court of the Chief Judge, City Small Causes Court, Hyderabad, confirming the eviction ordered by the learned I-Additional Rent Controller-cum-XIII Junior Civil Judge, Hyderabad in R.C. No. 313/2009. I have heard the learned counsel for both the parties.

(2.) As could be seen from the material available on record the respondent herein filed R.C. No. 313/2009 under Section 10(2)(i), 10(3)(iii)(b) and 10C(1)(c) & (2) of the Rent Control Act seeking eviction of the revision petitioner/respondent therein from the petition schedule premises alleging willful default in payment of rents from 15.07.2008 till July 2009. It was also pleaded that he is aged about 67 years and requires immediate possession of the schedule mulgi for his personal need.

(3.) The revision petitioner filed counter denying the allegation of willful default in payment of rents. It was also contended that the bona fide requirement for personal occupation pleaded in the eviction petition was false and in fact the petitioner was already in possession of another mulgi and that apart he was very old and was unable to carry on any business.