J SRIRANGANAYAKULU Vs. B SUBBALAKSHMI

JUDGEMENT

(1.) Tenant, who suffered an order of eviction at the appellate stage, is the revision petitioner herein. The respondent-landlady filed the petition before the learned Rent Controller, Rajahmundry, in R.C.C.No. 20/1987 under Section 10 (3) (a) (iii) of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short, 'the Act'), seeking eviction of the revision petitioner-tenant from the petition schedule premises on the ground of bona fide requirement contending that the said premises is required for use by her husband as he intended to start a kirana business therein. In support of her contention, the landlady examined her husband as P.W.1. On behalf of the tenant, he got himself examined as R.W.1. After hearing the arguments advanced on both sides, the learned Rent Controller dismissed the said petition by order dated 7-6-1993 holding that the non-examination of the landlady is fatal to the case. Thereupon, the matter was carried in appeal before the Appellate Authority in R.C.A.No. 17 of 1993, who, by order dated 31-8-1995, reversed the order passed by the learned Rent Controller and ordered for eviction of the revision petitioner-tenant. The Appellate Authority took the view that the respondent-landlady by examining her husband as P.W. 1 had discharged the burden lies upon her for the proof of personal occupation and bona fide requirement of the petition schedule building and that the petitioner (respondent herein) is, therefore, entitled for eviction of the tenant.

(2.) Aggrieved by the said order, the present revision is preferred by the tenant mainly contending that the bona fide requirement is the state of mind of the person who takes that plea and it must be deposed by that person alone who is requiring the premises. It is, therefore, contended that the non- examination of the landlady in this case is fatal to her case. In support of his contention, the learned Counsel Mr. M.V. Durga Prasad placed strong reliance upon the decision of the Bombay High Court in Nanalal Goverdhandas & Co. vs. Smt. Samratbai Lilachand Shah. He also cited the decision of Orissa High Court in Chinta Narayanamma vs. Kholli Sahu and that of Delhi High Court in ML. Khurana vs. H.S.Chopra.

(3.) On the other hand, the learned Counsel for the respondent supported the order under revision. He contends that the non-examination of the landlady is not at all fatal to the case. Reliance is placed upon a Judgment of Madras High Court in V.R. Shah and another vs. N.Visalakshi and that of the Kerala High Court in K.C. Bhaskaran vs. P.C. Unni.