P VENKATA KRISHNA RAO Vs. B SEETARAM

JUDGEMENT

(1.) This is a landlord's revision againsi the order of the Rent Controller, Rajahmundry as confirmed by the order of the Appellate Authority dated 21-3-1983 dismissing the petition for eviction.

(2.) The petitioner was living along with the members of the jointfamily in their ancestral house in Dommeru Village, Kovvuru Taluk, West Godavari District. The family owns another building bearing Door No. 330 (36-7-39) situate at Danavaipeta, Rajahmundry. The building at Rajahmundry was let out to the respondent-tenant by the maternal uncle of the petitioner, acting as the guardian. The tenant was running a Nursing Home in the said building. There was a partition between the members of the family and the building at Rajahmundry fell to the share of the petitioner.

(3.) As the petitioner wanted to live separately after the partition, hefiled a petition for eviction stating that as he grew of age, he wants to live separately and that he dees not own any other building either in Rajahmundry or elsewhere. The petitioner also issued a notice on 13-1-1976 asking the tenant to vacate the premises, prior to the filing of the eviction petition.