B BRAHMAYYA Vs. P R KRISHNA MURTHY

JUDGEMENT

(1.) The petitioners herein were the tenants and the respondent herein was the landlord. The parties herein are referred to as 'tenants' and 'landlord' respectively for the purpose of convenience.

(2.) The landlord instituted RCC. No.3/87 before the Rent Controller (Principal District Munsif), at Bhimavaram, seeking eviction of the tenants on three grounds, viz., - (1) Bona fide requirement; (2) Tenants had committed wilful default in paying rents; and (3) Mala fide denial of title of the landlord by the tenants. The learned Rent Controller allowed the Rent Control Case on all the three grounds. Aggrieved by the aforesaid order of eviction, the tenants preferred an appeal before the Rent Control Appellate Authority (Subordinate Judge), at Bhimavaram, by filing C.M.A. No.15/90. The said appeal was heard on merits and the learned Sub-Judge dismissed the same. But in the judgment, the grounds of bond fide requirement of the landlord and wilful default committed by the tenants, were decided against the landlord. But the third ground by which the tenants had denied the title of the landlord held to be mala fide, and therefore, the order of eviction was passed. Aggrieved by the aforesaid judgment of the appellate Court in CMA No.15/1990, dated 31-3-1993, the tenants have filed the present Revision Petition.

(3.) Heard the learned Counsel for the petitioners-tenants Mr. P.S. Narayana, and the learned Counsel for the respondent-landlord Mr. P. Venugopal.