P. VENKATA KRISHNA RAO Vs. B. SEETHARAM

JUDGEMENT

(1.) THIS is a landlord's revision against 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 joint family in their ancestral house in Dommeru Village, Kovvuru Taluk, West Godavari District. The family owns another building bearing Door No. 33 (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.) THE respondent-tenant resisted the petition contending inter alia that the requirement of the landlord for residence is not bonafide, that the petitioner owns several other buildings in Rajahmundry, that the suit premises is a non-residential building and that the eviction petition is promoted by ulterior motives and is a ruse to get more rent.