LAWS(APH)-1997-11-111

M SADIQ VALI Vs. P LAKSHMAMMA

Decided On November 19, 1997
M.SADIQ Appellant
V/S
P.LAKSHMAMMA Respondents

JUDGEMENT

(1.) This civil revision petition is directed against the order passed by the learned Additional District Judge, Hindupur dismissing R.C.A.No. 4/91 preferred by the petitioner. The appellate authority confirmed the order of the Rent Controller. The tenant is the revision petitioner herein. Both the Rent Controller, as well as the appellate authority held that the petitioner/tenant is liable to be evicted from the premises in his occupation. Hence, this revision petition.

(2.) The respondent herein is the landlady and the petitioner is the tenant in respect of a non-residential premises in question. The present monthly rent payable by the petitioner/tenant is Rs.130-00, payable on or before fifth of every English calendar month. The respondent herein filed rent control case against the petitioner/tenant on the ground that the petitioner-tenant had committed wilful default in payment of rents and the premises in question is required for her personal occupation, as she is in bonafide requirement of the same.

(3.) During the pendency of the case, the petitioner herein has set-up a plea to the effect disputing the title of the respondent-landlady in respect of the premises in question. Both the Rent Controller, as well as the appellate authority having disbelieved the plea of the petitioner/tenant ordered his eviction on that ground also. Thus, eviction of the petitioner/tenant has been ordered by the Rent Controller, as well as the appellate authority on all the three grounds viz., the petitioner had committed wilful default in payment of the rents; the respondent-landlady is in bonafide requirement of the premises in question for her occupation and the petitioner-tenant has set-up adverse claim and title in respect of the premises in question without any just cause.