YESHPAL ROY Vs. G DINESH KUMAR

JUDGEMENT

(1.) This Civil Revision Petition is directed against the judgment dt.13-12-1991 in R.A.No.488 of 1989 passed by the Chief Judge, City Small Causes Court at Hyderabd. The petitioner is the landlord and the respondents are tenants.

(2.) The petitioner filed R.C.No.22/87 seeking to evict the respondents-tenants on the ground of additional accommodation and sought a direction to the tenants to vacate the premises bearing Municipal No.12-10-394 (ground floor portion) situated at Seethapahalmandi, Secunderabad. The learned Rent Controller, on the basis of the documentary and oral evidence, held that the requirement of the premises is for bona fide purposes and therefore directed eviction. Aggrieved by the said order of the Rent Controller in R.C.No.22/87 dated 22-8-1989, the matter was carried by way of R.A.No.488/89 before the Chief Judge, City Small Causes Court at Hyderabad.

(3.) On behalf of the respondents-tenants herein, two grounds were mainly agitated before the lower appellate Court, viz., (1) the requirement of the landlord of the demised premises by way of additional accommodation is not bona fide and (2) the eviction proceedings are not maintainable before the Rent Controller when the lease is of composite nature. On the basis of these submissions, the lower appellate Court framed the following issues, for consideration: