LAWS(APH)-1996-9-6

SONA OPTICS Vs. SHYAM SUNDERBHARGAVA

Decided On September 17, 1996
SONS OPTICS REP., BY PARTNER ABDUL KAREEM Appellant
V/S
SHYAM SUNDERBHARGAVA Respondents

JUDGEMENT

(1.) This is tenant's revision from the common judgment dated 16-2-1996 in R.A. No. 357/91 and R.A. No. 358/91 by which the common order dated 24-7-1991 on the file of the III Additional Rent Controller, Hyderabad, in R.C. No. 656/86 (old R.C. No. 302/84) and R.C. No. 268/87 was reversed and the petitioner-firm and its partners have been directed to vacate the suit accommodation.

(2.) This judgment shall also govern the disposal of C.R.P. 910/96 for the sake of brevity and convenience.

(3.) It is no longer in dispute before me that the petitioner-firm was initially inducted as a tenant by the predecessor-in-title of the respondents, namely late Gopinath Bhargava on 23-8-1978 for a period of eleven months at the rate of Rs. 300-00 Ps. per month besides water charges and later the monthly rent of the building bearing No. 4-1-991 to 4-1-993/1, Abid Road, Hyderabad, popularly known as 'Bhargava Buildings' (in short 'suit accommodation') for non-residential purposes. After the expiry of the lease period, the petitioner-firm continued as monthly tenant. The 1st respondent and his deceased mother, that is respondent No. 2, filed R.C. No. 656/86 (old R.C. No.302/84) on 20-7-1984 for the ejectment of the petitioner-firm from the suit accommodation on the ground that it has failed to pay the monthly rent for June, 1979 and July, 1979 at the rate of Rs. 300/- per month and the rent for April, 1984 to July, 1984 at the rate of Rs. 400/- per month, that without the written consent of the 1st respondent and the 2nd respondent, Shanti Bhargava, since dead, had materially altered the dilapidated suit accommodation, which act has impaired its value and utility, that it has changed the initial business of manufacturing optic lenses and that they require the suit accommodation for the personal occupation of the 1st respondent who is living in a rented accommodation in Chikkadpally, Hyderabad, on a monthly rent of Rs.700/-.