SANJAY KUMAR AGARWAL Vs. T V N PRASAD

JUDGEMENT

(1.) This revision petition is preferred against the Orders dated 01-12-1997 in I.A.No. 396 of 1997 in R.C.No. 269 of 1995 on the file of the Principal Rent Controller, Secunderabad.

(2.) The revision petitioner is the tenant and the respondent herein is the landlord in R.C.No. 269 of 1995. The respondent filed an eviction petition on the ground of wilful default and bona fide requirement of the premises which have been let out to the revision petitioner. The revision petitioner-tenant resisted that application denying the alleged wilful default and he also disputed the claim of bona fide requirement. The evidence has been let in or both sides and when the matter is posted for arguments, the tenant filed I.A No. 396 of 1997 under Order 6 Rule 17 read with Section 151 of Civil Procedure Code for amendment of his counter adding para-5 (a) to the effect that as successor of his mother, the respondent-landlord became the owner of the adjacent shop bearing No. 34 and that the landlord also got issued notice to the tenant of that shop and as such the landlord could as well seek eviction of the tenant of that shop and the landlord filed the present eviction petition with a view to enhance the existing rent and that the alleged requirement is mala fide.

(3.) After hearing the learned Counsel for the landlord and the tenant, the learned Rent Controller dismissed that petition observing that the landlord has got the right to choose any of the premises owned by him for his requirement.