SESHAGIRI RAO Vs. JAGANNADHA MURTHY

JUDGEMENT

(1.) The petitioner is the tenant. The respondent landlord filed a petition under sections 19(2) (iv), 10(3) (c) and Section 12 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 (hereinafter relerred to as 'the Act') for eviction of the tenant from the petition schedule premises. The grounds raised in the petition were (1) that the premises was bonafide required by the landlord for his personal use (?) that the petition schedule premises required immediate repairs and (3) that the children of the tenant were guilty of acts and conduct which were a nuisance. Evidence was adduced on behalf of the landlord and the tenant. On consideration of the evidence the learned District Munsif-cum-Rent Controller dismissed the petition.

(2.) On appeal the learned Subordinate Judge confirmed the judgment of the Rent Controller so far as the grounds of bonafide requirement for personal occupation and requirement for effecting repairs were concerned. However, on the ground that the children of the tenant were guilty of acts and conduct which were a nuisance, allowed the appeal and directed eviction of the tenant. Hence this revision. The petition schedule premises, according to the tenant, consists of one big room measuring 12' x 10' having its main door way to its eastern side into the hall having common passage from the road and a small ante room abutting the big room with a verandah to its south, were as according to the landlord it consists of a room and a small ante room only. It is an admitted fact that the premises was taken on lease twenty years back and at the time of filing of the petition, the tenant's wife and his six children were living in the premises whereas the tenant was employed at some other place and used to visit Visakhapatnam once in a week where the schedule premises was situated.

(3.) The averments made in the petition seeking eviction in so far as they related to the causing of nuisance are as follows :