( 1 ) THE unsuccessful tenant in R. C. A 19 of 1987 on the file of the Additional Chief judge, City Small Causes Court, Hyderabad is the Revision petitioner. The respondent in this C. R. P. is the landlord. However, for the purpose of convenience the parties will be referred to as landlord and tenant.

( 2 ) THE landlord filed R. C. No. 223 of 1981 for eviction of tenant from the premises bearing No. 4-2-204 of Sultan Bazar, hyderabad. The case of the landlord is that originally this property belongs to Kishan rao Afzalpurkar and his family members, who sold the property to this landlord and his brothers on 4-7-1980, and this tenant has been the tenant of the premises originally of the original owners and subsequently the tenant was duly attorned after the aforesaid purchase by the landlord and his brothers and in the oral partition dated 8-8-1980 between the landlord and his brothers the petition schedule property had fallen to the share of this landlord and the tenant was also informed about the same and the tenant was paying the rent to the landlord till June 1981 and at the time of filing the eviction petition, the landlord had been staying at Eluru carrying on