MOHAMMAD HABEEB Vs. KHAJA MOINUDDIN

JUDGEMENT

(1.) A short but simple point arises in these two revision petitions. The unsuccessful tenant, who suffered an order of eviction passed by the IV Additional Rent Controller, Hyderabad, in R.C, No. 361 of 1984 (renumbered as R.C. No. 1364/86) which has been confirmed by the Chief Judge, City Small Causes Court, Hyderabad, in R.A. No. 381 of 1987, filed C R.P. No. 1487 of 1989. C.R.P. No. 2096 of 1989 is also filed by the tenant against the order of the learned Chief Judge, City Small Causes Court, Hyderabad, in I.A. No. 1502 of 1988 in R.A. No. 381/87 refusing to issue a direction to the landlord to file the property tax receipts relating to the suit premises from 1984 onwards. As the two revision petitions related to the same issue, the same can conveniently be disposed of by a common order.

(2.) The respondent-landlord filed a petition under Section 10(2)(i) and 10(3)(i)(a) of the A. P. Buildings (Lease, Rent and Eviction) Control Act 1960 (hereinafter referred to as 'the Act) against the petitioner-tenant seeking his eviction from the suit premises bearing House No. 1-5-454, situated at Bakaram, Musheerabad, Hyderabad, on the ground of wilful default in payment of rent and also on the ground of bona fide requirement of the suit premises to live in.

(3.) The facts in a nutshell are ; the landlord purchased the suit premises from one Smt. Meherunissa Begum, who is examined as RP.W-3 in the case, under a registered sale deed dated 12-3-1984. The petitioner was the tenant of the landlord's vendor at that time on a monthly rent of Rs. 300/- under an oral agreement of tenancy. The tenancy was attorned and the tenant continued as such after the sale on a monthly rent of Rs 300/- under oral agreement of tenancy. As the tenant committed wilful default in payment of rent right from 12-3-1984 to 11-8-1984, the landlord got a legal notice issued, Ex. P-1. The tenant neither paid arrears of rent act replied to the notice. It is the case of the landlord that he has been living in a rented premises on a monthly rent of Rs. 55/- and his landlord filed eviction petition and obtained an order of eviction against him and the same has been confirmed by the appellate Court. He also submitted that his family consists of 17 members and, therefore, he requires the suit premises bona fide for his personal occupation.