MOHD FAROOQ ALI Vs. AKHTERI BEGUM

JUDGEMENT

(1.) THIS revision is preferred by the tenant against the order of eviction passed by the learned Additional Chief Judge, City Small Causes Court, Hyderabad, in R. A. No. 4 of 2001, dated 15-2-2005, setting aside the dismissal order of the learned III Additional Rent Controller passed in R. C. No. 528 of 1996, dated 11-10-2000.

(2.) THE tenant is the petitioner and the respondent is the landlady. The parties are herein after referred to as landlady and tenant, respectively, for the sake of convenience.

(3.) THE tenant resisted the revision petition, inter alia, on the ground that the tenant has obtained mulgi about 40 years back from the mother of the landlady, and he has been doing the business in ice creams and cool drinks for several years, without any objection from the landlady. So far as personal requirement is concerned, it was alleged that the husband of the landlady is running function halls and hotels at Kamareddy and he primarily resides at Kamareddy getting very substantial rental income and there is neither need nor requirement as alleged. The tenant also denied that the mulgi is in dilapidated condition and since he is not using the refrigerator by keeping it nearer to the walls so that there is no damage to the property imparting the value and utility.