P. S. NARAYANA, J.

( 1 ) MOHD. ABDUL Jabbar, hereinafter referred to as "landlord" is the petitioner in R. C. No. 497/94 on the file of IV Additional Rent controller, Hyderabad. Mohd. Ghulam Mustafa, hereinafter referred to as "tenant" is the respondent in R. C. No. 497/94 on the file of IV additional Rent Controller, Hyderabad. The learned Rent Controller on the strength of the evidence available on record recorded positive findings relating to wilful default for the period from September 1993 to august 1994, bona fide personal requirement of the landlord and also denial of title of the landlord by the tenant as mala fide and ordered eviction. The tenant preferred R. A. No. 94/2000 and the landlord preferred Cross Objections relating to adverse finding numbered as r. A. No. 164/2000 on the file of Additional Chief Judge, City Small causes Court, Hyderabad and the Appellate Authority confirmed the findings relating to wilful default and mala fide denial of title but however reversed the finding recorded in relation to bonafide personal requirement. On behalf of landlord Exs. A-30 to A-35, certified copy of the execution of warrant, certified copy of panchanama, certified copy of delivery of possession, receipt, certified copy of undertaking and certified copy of list of articles were marked before the Appellate authority and the Appellate Authority while confirming the order of eviction on two grounds reversed the same on one ground and aggrieved by the same, the tenant preferred C. R. P. No. 2144/2005 and the landlord preferred C. R. P. No. 3993/2005 being aggrieved by the reversal of one of the grounds and also that part of the finding relating to wilful default. These Revisions are preferred both by the tenant and the landlord respectively under Section 22 of the A. P. Buildings (Lease, Rent and eviction) Control Act 1960, hereinafter in short referred to as "act" for the purpose of convenience. Pleadings in R. C. No. 497/94 :

( 2 ) PLEADING of the landlord : The landlord pleaded in r. C. No. 497/94 as hereunder : originally the suit mulgi was jointly purchased by the petitioner and his five brothers and subsequently it was released in favour of the petitioner in December 1988 and a release deed was executed on 30th march 1989. The respondent is the tenant in the suit mulgi from 5th november 1978 and at present the rent is Rs. 660/- exclusive of electricity charges. Immediately after the release in December 1988 the petitioner as well as the brothers of the petitioner asked the respondent to pay the future rents to the petitioner and also to vacate the mulgi. The respondent is a chronic and wilful defaulter in payment of monthly rents and he deliberately and intentionally failed to pay the rents from January 1989 to August 1994 at the rate of Rs. 660/- per month. In spite of repeated demands, he became a wilful defaulter. The respondent in order to escape wilful default filed R. C. No. 220/89 on the file of I additional Rent Controller, Hyderabad seeking permission to deposit the rents against the petitioner as well as the brothers of the petitioner. The respondent had also issued a legal notice dated 25-2-1989 to the petitioner as well as the other brothers of the petitioner and the petitioner also issued a reply to it and directing to pay rents to the petitioner from the month of January 1989 and the respondent failed to comply with the notice and filed the said petition for deposit of rents. The brothers of the petitioner also filed counter in R. C. No 220/80 property had been released in favour of the petitioner and demanded the respondent to pay the rents to the petitioner. After due enquiry r. C. No. 220/89 was dismissed on 14th September 1993 and after the dismissal the respondent failed to pay the rents to the petitioner. The petitioner carries on bangle business and he used to attend the exhibitions i. e. , Urus and Jatras business in Hyderabad city and the family of the petitioner had grown up and the petitioner is

Click Here to Read the rest of this document