UPPALA VENKAYAMMA Vs. MAHANKALI PULLAIAH

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order and decree, dated 7-11 -2002, passed in R.C.C.M.A.No.119 of 1994 in R.C.C.No.185 of 1998 by the learned Principal Senior Civil Judge, Vijayawada.

(2.) Petitioner is the tenant and the respondents 1 and 2 who are the husband and wife died and their onlyson, the 3rd respondent, was brought on record before the Rent Control Appellate Authority, The landlords, Mahankali Pullaiah and Mahankali Kotamma, filed R.C.C.No.185 of 1998 on the file of he Rent Controller, Vijayawada, underSections 10 (2) (i), 10 (2) (ii) (b), 10 (2) (iv) and 10 (3) (c) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 19860 (for brevity, 'the Act'), on the grounds of wilful default in payment of rent and for additional accommodation, and the Rent Controller dismissed the same by order dated 26-4-2000 against which the landlords filed R.C.A.No.119 of 1994 on the file of the Principal Senior Civil Judge, Vijayawada and during the course of appeal both the landlords i.e., the husband and wife, died and their son was brought on record as 3rd appellant. The Appellate Authority ordered eviction only on the ground that there is a specific default in payment of rent from July, 1990 to August, 1991 which constitutes a ground for ordering eviction under Section 10(2) (1) of the Act. Aggrieved thereby, the tenant preferred this Civil Revision Petition.

(3.) For the purpose of convenience, the parties are hereinafter referred to as they are arrayed in the trial Court.