LAWS(APH)-1999-9-145

MARISETTY RAMESH Vs. PERLA SUBBA RAO

Decided On September 06, 1999
MARISETTY RAMESH Appellant
V/S
PERLA SUBBA RAO Respondents

JUDGEMENT

(1.) This revision petition is filed against the orders dated: 24-09-1998 of the learned Senior Civil Judge, Kavali made in C.M.A.No. 6 of 1993, confirming the order dated: 02-08-1993 of the learned Rent Controller-cum-Principal District Munsif, Kavali, in R.C.C.No. 12 of 1987.

(2.) The revision petitioner is the tenant. The respondents-landlords filed an application for eviction of the tenant in R.C.C.No. 12 of 1987 on the ground of wilful default in payment of rent; sub-letting and also bond fide requirement for additional accommodation. Learned Rent Controller accepted all the grounds, asalleged by the landlords and ordered eviction of the tenant, against which the tenant has filed the appeal in C.M.A.No. 6 of 1993 and the same was dismissed. Then the tenant carried the matter in revision in C.R.P. No. 3291 of 1994 and this Court, by order dated: 27-09-1996 remanded the matter to the Court below for consideration after giving opportunity to the parties to adduce evidence, if they so choose. After remand, evidence was adduced by the parties and was heard. The appellate Court held that the ground of wilful default in payment of rent and sub-letting was not proved. The other ground, that is, bonafide requirement was established before the Court below and, therefore, the Court below ordered eviction of the petitioner, by order dated 24-09-1998, against which, the present revision peti tion is filed.

(3.) The issue that falls for consideration is whether the order of the Court below is sustainable in law.