NALLABILLI SATYANARAYANA Vs. KINTHALI KRISHNA RAO

JUDGEMENT

(1.) This revision petition is filed against the Judgment in RCA No.9 of 1991 on the file of the Subordinate Judge, Parvathi-puram (Rent Control Appellate Authority), dated 19-7-1993 setting aside the eviction order in RCC No.1 of 1986 on the file of the Rent Controller-Principal District Munsif, Parvathipuram, dated 7-10-1991.

(2.) The revision petitioner is the landlord of the demised premises, which is a non-residential building and he filed RCC No.1 of 1986 before the Rent Controller under Section 10(3)(a)(iii) of the A.P. (Lease, Rent and Eviction) Control Act, for short the 'Act', on the ground of bona fide personal requirement. The Rent Controller after examining the landlord on one side and the tenant as well as three other witnesses no the other side and after scrutinising Exs.A1 to A4 and B1 to B10, found that the landlord has established his bona fide requirement of starting a business in pharmaceuticals and accordingly allowed the eviction petition. The tenant preferred an appeal to the Appellate Authority, assailing the eviction order on various grounds and the learned appellate Judge on a reassessment of the evidence on record, came to a different conclusion and he reversed the findings of the Rent Controller on various grounds and allowed the appeal. The result was that the eviction petition stood dismissed by the appellate authority. Aggrieved by that Judgment reversing the findings of the Rent Controller, the landlord is in this Court with this revision petition.

(3.) A few facts necessary for proper appreciation of the controversy that has arisen between the revision petitioner-landlord and the respondent-tenant are :