MALLESH A Vs. G PANDU

JUDGEMENT

(1.) This Revision Petition is filed by the landlords questioning the impugned order dated 3-11-1993 in R.A. No. 175/85 by which the said appeal was dismissed confirming the orders of the Rent Controller in R.C. No. 356/84 which was dismissed.

(2.) The revision petitioners who are the landlords filed R.C. No. 356/84 on the file of the Principal Rent Controller, Secunderabad seeking eviction of the respondent-tenant from the demised building which is a non-residential building on the ground that they are not having any non-residential building of their own in the twin cities and they require the demised building for their own business purposes. The Rent Controller dismissed the said petition for eviction on the ground that the petitioners are not entitled to seek eviction of the demised building which is a non-residential building as they are presently running their business in ice creams and aerated water in another non-residential building which is taken by them on rent from its owner by relying upon a decision of a Full Bench of this Court in Vidya Bai vs. Shankerlal. Questioning the said orders, the landlords filed R.A.No. 175/89 before the Additional Chief Judge, City Small Causes Court, Hyderabad. In the said appeal, the learned Additional Chief Judge, City Small Causes Court set aside the finding of the Rent Controller regarding maintainability of the rent control petition having come to the conclusion in view of the decision of the Supreme Court in Padmanabha Setty vs. Papaiah Setty. He however, dismissed the rent appeal on the ground that the landlords or not bona fide in seeking eviction of the tenant from the demised building as the said building is too small for the land lords to run their business and also on the ground that the tenant will be greatly inconvenienced and lot of hardship will be caused to him if he is evicted from the demised building in which he is running his tailoring shop. Questioning the said orders passed by the Court below, the present revision is filed by the landlords.

(3.) Heard both sides.