CH MANIKYA SARMA Vs. RAJENDRA SINGH BHATIA

JUDGEMENT

(1.) THIS revision is preferred by a landlord who suffered a reversal of an eviction order under the impugned order of the lower appellate Court.

(2.) THE brief facts are that the landlord is the owner of premises bearing nos. 15-8-457 and 457/1, situated at Feelkhana, Hyderabad. While premises no. 457/1 is a mulgi (shop), the premises No. 457 is a residential portion located just behind 457/1.

(3.) IT is alleged that the respondent-tenant was let out the mulgi initially in april, 1976, and thereafter, residential portion was also let out in August, 1979. While the rent of the mulgi is Rs. 225/- per month, the rent of the rear side residential portion is Rs. 125/- per month. It is alleged that the tenant is irregular in payment of rent and that the tenant stopped carrying on business and kept the mulgi under lock and stopped using the residential portion also and has shifted to Nanded, Maharashtra State, one year back. Since both the premises are under the lock and key for over one year without use and unoccupied by the tenant, the eviction petition was filed on the ground that the tenant has ceased to occupy the suit premises for over one year.