SHAIK MOHAMMED RAWOOF Vs. MOHAMMED IBRAHIM

JUDGEMENT

(1.) This Civil Revision Petition, under Sec. 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short "the Act") is filed by the respondent in R.C. No. 242 of 2009 on the file of the Principal Rent Controller -cum -XII Junior Civil Judge, Hyderabad, aggrieved by the order dated 06.08.2012 passed therein, as confirmed by the Additional Chief Judge, City Small Causes Court, Hyderabad by judgment dated 01.10.2015 passed in R.A. No. 188 of 2012. For the sake of convenience, the parties are referred to as arrayed in R.C. No. 188 of 2012 (sic. 242 of 2009).

(2.) The petitioner is the owner of the petition schedule property having purchased the same from its previous owner Mrs. Shameem Sultana by entering into agreement of sale -cum -GPA on 21.11.2008 and the tenancy was attorned in favour of the petitioner. It is the case of the petitioner that respondent -tenant was paying monthly rent of Rs. 350/ - and he committed default in paying rent from 21.11.2008. In spite of demand on 28.12.2008 to pay rent, respondent refused to pay the same and alleging wilful default in payment of rent and also on the ground of bona fide requirement, eviction was sought by the petitioner.

(3.) The respondent -tenant filed counter in the R.C., disputing the allegations made by the petitioner -landlord mainly on the ground that in the absence of any regular transfer deed in favour of the petitioner, he cannot claim to be the owner and cannot seek eviction. Further, denying bona fide requirement as claimed by the petitioner landlord, the respondent -tenant contested the R.C.