SATYANARAYANA SINGH Vs. Y MANIAMMA

JUDGEMENT

(1.) This revision is preferred against the order dated 24-7-1998 passed by the Rent Control Appellate Authority-cum-Additional Chief Judge, City Small Causes Court, Hyderabad. Tenant is the revision petitioner.

(2.) The respondent-landlady filed petition in R.C. No.379/1990 before the learned III Additional Rent Controller, Hyderabad, seeking eviction of the revision petitioner. Her case is that she is the owner of the mulgi bearing M.No.15-5-652 and a room attached thereto situated at Ashok Bazar, Afzalgunj, Hyderabad, having purchased the same under Ex.P-2-sale deed dated 2-8-1974. She rented it out to the revision petitioner on monthly rent. The eviction petition was filed on the ground of wilful default in payment of rentals and bona fide personal requirement. The revision petitioner-tenant filed a counter denying the averments made by the landlady. In paragraph 1, of the counter, the revision petitioner averred as follows:

(3.) Aggrieved by the said order of eviction, the tenant preferred appeal-R. A. No.163 of 1993 - and the learned Rent Control Appellate Authority by Judgment dated 14-2-1996 dismissed the said appeal. The learned appellate authority while confirming the findings of the Rent Controller on the point of denial of jural relationship by tenant, however, reversed the finding of the Rent Controller on the other point i.e., personal requirement holding that in the absence of any pleading on the point, the ground of bona fide requirement ceased to exist.