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2009 Supreme(SC) 1580

TARUN CHATTERJEE, R.M.LODHA
N. Eswari W/o Adhinarayana Rao – Appellant
Versus
K. Swarajya Lakshmi W/o K. V. L. N. A. Sastry (Late) – Respondent


Advocates Appeared:
For the Appellants : Mrs. Prabha Swami, Adv., for the Appellants.
For the Respondents:Om Prakash Mishra, KRL Sarma, Ghan Shyam Vasisht, Advs., for the Respondents.

JUDGMENT

Tarun Chatterjee,J.

1. Leave granted.

2. We are invited in this appeal to decide whether the High Court was justified, in the facts and circumstances of the present case in its revisional jurisdiction, in re-appreciating the facts and setting aside the order of the Rent Controller, Vijayawada dated 31st of October, 2001 and the order of the Appellate Authority, Vijayawada dated 21st of December, 2005.

3. In our view, the High Court was not justified in interfering with the concurrent findings of fact arrived at by the Courts below.

4. The appellant is a tenant in respect of the premises in question since 1982. In or about the year 2000, the landlady/respondent herein filed an application for eviction of the tenant/appellant under Section 10(3)(a)(i)(a) read with Section 10(2)(i) of A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960 (in short, “the Act”) before the Rent Controller on the ground that the landlady/respondent bonafide required the premises in question and also the tenant/appellant was a willful defaulter in payment of rent.

5. Parties adduced evidence and finally, the Rent Controller, Vijayawada, by its final order dated 31st of October, 2001, reject















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