M R KRISHNAMURTHY Vs. K L PATTAMMAL

JUDGEMENT

(1.) The petitioners are the legal representatives of the deceased M. Padmavathamma inducted as a tenant of a por tion of the building of the respondant situated at Tirupati in the year 1969. The respondent applied to the Rent Controller, Tirupathi for eviction of the deceased tenant alleging that there was a change in the user of the demised building from residential into a non-residential purpose without her consent, that she had also caused damage to the building by putting up a chimney and getting some portions of the walls of the building plastered with cement and that she also bonafide required the demised building for her residence. During the pendency of the eviction petition before the Rent Controller the tenant paslsed away and the petitioners were brought on record as her legal representatives. Al the three grounds of eviction did not find acceptance with the Rent Controller. In the result the petition for eviction filed by the respondent was dismissed.

(2.) Aggrieved by the order of the Rent Controller, the respondent preferred an appeal before the learned Subordinate Judge, Tirupathi and the learned Subordinate Judge reversed the order of the Ren. Controller and directed eviction of the petit tioners upholding all the three grounds of eviction pleaded by the respondent.

(3.) Mr. Bhatt learned counsel appea. ring for the petitioners submits that the adverse findings recorded by the learned Subordinate Judge do not stand judicial scrutiny.