OM GENERLA STORES Vs. PREMCHAND JAIN

JUDGEMENT

(1.) This Civil Revision Petition is preferred by the tenant against the judgment of the learned Additional Chief Judge, City Small Causes Court, Hyderabad, dtd. 15/10/2015 in R.A.No.95 of 2014. By the impugned judgment, the learned Additional Chief Judge while reversing the orders of the Additional Rent Controller, Secunderabad, dtd. 22/2/2014 in R.C. No. 130 of 2012 ordered for eviction of the tenant from the schedule premises on the ground of willful default of payment of rents by the tenant.

(2.) The facts in brief are as follows:-

(3.) Contesting the R.C., the tenant filed a counter denying the allegation of willful default in payment of rents. According to him, he was regularly depositing rents for the period from July, 2004, upto the end of June, 2006 in advance for three months at each stage in the Court and had also issued notices to the counsel for the landlord in that regard and obtained receipts/acknowledgements of the notices. As regards the claim of bona fide requirement of the premises by the landlord to carry on his own business, it is stated that on the earlier occasion, the said plea was rejected by the Rent Controller in R.C. No. 12 of 1985 which was confirmed in R.A. No. 72 of 1992 and the revision preferred thereagainst also stood dismissed by this Court in C.R.P. No. 2188 of 1994. When the matter was carried in appeal in Civil Appeal No. 5907 of 1998, the same was also dismissed by the Apex Court. It is therefore, contended that there are no bona fides in the plea of personal requirement and sought for dismissal of the R.C.