K VEERALAH AND SONS Vs. SWASTIK BOOK DEPOT

JUDGEMENT

(1.) This Civil Revision Petition is directed against the judgment and decree of the Chief Judge, City Small Causes Court, Hyderbad, in R.A. No.167/1988, dated 8-3-1994. The tenants are the appellants herein.

(2.) The facts giving rise to this Revision Petition are that the landlords filed an eviction petition against the tenants under Section 10(2)(i) and 10(3)(iii)(a) of Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, for short the 'Act', in respect of a non-residential premises bearing No.15-1-506, Old Feelkhana, Hyderabad, on two grounds viz., (1) wilful default in payment of rent and (2) bonafide personal requirement. The Rent Controller found that the landlords succeeded in establishing both the grounds and consequently RC.No.296/1982 was allowed and the tenants were directed to vacate the demised premises within two months and deliver vacant possession to the landlords. Aggrieved by the above order, the tenants preferred R.A. No.167/1988, A preliminary objection was raised as to the maintainability of the petition on the ground that the landlords constitute a firm, but all the partners of the said firm are not brought on record. Thereupon LA. No.272 /1990 was filed and all the partners of the firm are brought on record by an order dated 10-9-1990. The partition deed dated 30-9-1975 has been marked as Ex.P-11 and registration certificate is marked as Ex.P-10. Then the learned Chief Judge, City Small Cuases Court, considered the merits and found that ground No.l viz., wilful default in payment of rent has not been made out, but he found on ground No.2 that there is a bonafide requirement of the premises inasmuch as the present landlords who have purchased the demised premises under a registered sale deed and to whom the above tenants have been attorned by a due notice are running their business in a rented premises and that they have no other non-re sidential premises of their own in twin cities of Hyderabad and Secunderabad. Hence, the appeal has been dismissed and time for eviction is fixed as three months. Thereupon the tenants have preferred this revision petition.

(3.) The short question that arises for consideration in this Revision is whether the personal requirement of the demised premises is bonafide.