LAWS(APH)-2018-7-12

RADHI RANEY & ANOTHER Vs. NANKI FEROZE

Decided On July 18, 2018
Radhi Raney And Another Appellant
V/S
Nanki Feroze Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners-tenants under Section 22 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (for short, 'the Act'), challenging the order dated 16.08.2016 passed in R.A.No.176 of 2013 on the file of the Chief Judge, City Small Causes Court, Hyderabad, wherein and whereby the order dated 31.07.2013 passed in R.C.No.69 of 2011 on the file of the Additional Rent Controller, Secunderabad ordering eviction of the petitioners herein from the petition schedule premises and handover the vacant physical possession of the same to the respondent, was confirmed.

(2.) The facts leading to the filing of the present Civil Revision Petition, in nutshell, are as follows:

(3.) The respondent is the absolute owner of the petition schedule premises-Plot bearing No.009, situated in ground floor of the building bearing Municipal No.1-8-161 to 164/6 (old No.142/C), Innovation Residency, P.G. Road, Secunderabad. The respondent let out the petition schedule premises to the petitioners in the year 2002 on a monthly rent of Rs.4,000/-. The respondent filed R.C.69 of 2011 on the following grounds: (1) The petitioners are having alternative accommodation {Section 10(2)(v)}; (2) the petitioners committed wilful default in payment of rent for a period of 37 months, commencing from June 2008 {Section 10(2)(i)}; and (3) the respondent is a widow and aged about 75 years {Section 10- C (1) (a) and (c)}.