XAVIER EMENUAL Vs. RATAN RAJ KUMAR

JUDGEMENT

(1.) This Civil Revision Petition is filed under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, aggrieved by the order dated 29-7-1998 passed in R.A. No.46 of 1997 on the file of the Court of the Chief Judge, City Small Causes Court, Hyderabad, setting aside the order dated 30-4-1994 passed in R.C. No.391 of 1987 on the file of the Court of the Principal Rent Controller, Secunderabad, and remanding the matter to the Court of Rent Controller for disposal afresh, within three months.

(2.) Originally, the R.C. No.391 of 1987 was filed by the landlords/petitioners herein under Section 10(2)(i), 10(2)(iii) and Section 10(3) of the Act, 1960, seeking to evict the tenants/respondents, herein from the schedule premises bearing No.225/B (10-2-422), Plot N0.225/A, West Maredpally, Secunderabad.

(3.) The contention of the landlord before the Court of the Rent Controller is that he is the owner of the schedule premises. The respondents are the tenants on a written monthly agreement and the tenancy is month to month. The respondents were highly irregular in payment of rents. The respondents made some alterations and structural changes to the schedule premises without his permission and committed acts of waste, which impaired materially the value and utility of the schedule building. The landlord further contended that the schedule premises is required for self-occupation. Hence he prayed to evict the tenants.