D HANUMANTHA RAO Vs. MOHAMMED IMAM HANNORAI

JUDGEMENT

(1.) An interesting question arises for consideration in this C.R.P. The relevant facts, in brief are as under: The petitioner is the tenant in respect of the premises bearing No.1-4-443/A, Kavadiguda, Musheerabad, Hyderabad, on a monthly rent of Rs.700/-. The respondents are the owners of the same. They filed R.C.No.58 of 1999 before the I Additional Rent Controller, Hyderabad, stating that the petitioner is a wilful defaulter in the matter of payment of rent, and by the time the R.C. was filed, rent for the period from 01-3-1997 to 31-12-1997 was due. They have also pleaded that the premises are required for their own occupation, since they returned from Abroad. It was also pleaded that the building is more than 50 years old, and it is in a dilapidated condition.

(2.) The petitioner admitted that he is the tenant of the respondents. He denied the allegations as to default in payment of rent; condition of the building, and bona fide requirement. The learned I Additional Rent Controller, allowed the R.C., through order dated 03-06-2002, holding that the petitioner committed default in payment of rents, and that the respondents, bona fide, require the premises, for their occupation.

(3.) Petitioner filed R.A.No.214 of 2002 in the Court of Additional Chief Judge, City Small Causes Court, Hyderabad. The appeal was dismissed through order dated 08-11-2005. Thereafter he filed the present C.R.P. The C.R.P. was listed for admission on 10-01-2006. Notice before admission was issued, and interim stay was granted for a period of three weeks. Thereafter, it was posted on 28-01-2006. On that day, the C.R.P. was dismissed as withdrawn, and the petitioner was granted time till 31-07-2006, for vacating the premises. Default clause was also added.