P DATTATREYA Vs. ABDUL SHUKOOR

JUDGEMENT

(1.) This Civil Revision Petition is filed under Sec. 22 of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act, 1960 (for short 'the Act') against Common Judgment in R.A.No.33 of 2014 and Cross-objections vide SR No.577 of 2014 dtd. 18/8/2015, whereunder the learned Additional Chief Judge, City Small Causes Court, Hyderabad set aside the eviction order passed by the I Additional Rent Controller, Hyderabad in R.C.No.213 of 2009, dtd. 13/11/2013.

(2.) Petitioner herein is the landlord and respondent is the tenant. For the sake of convenience, the parties herein after will be referred to as landlord and tenant. Not only on the ground of the tenant made default in payment of rents in respect of the suit schedule property but also for his personal bona fide requirement, the landlord preferred R.C.No.213 of 2009 for eviction of the tenant. It is stated that landlord is the absolute owner and possessor of petition schedule property and due to past acquaintance, the tenant prayed for lease of the petition schedule property forming part of premises bearing No. 8/3/230/9/E, Venkatagiri, Yousufguda, Hyderabad, on an initial monthly rent of Rs.800.00 per month in 2001 for the purpose of running a kirana and general stores with an understanding that whenever the landlord needs the premises for his personal occupation, the tenant should vacate the premises. It is further stated that the tenant was never regular in payment of rents. He committed default from January 2003 to April 2006 and after filing of the R.C. also.

(3.) The trial Court, after framing issues and also after considering both oral and documentary evidence adduced on behalf of either side, while rejecting the ground of bona fide requirement or personal use, came to the conclusion that the tenant made default in payment of rent, granted his eviction.