V. BHASKARA RAO, J.

( 1 ) THE judgment in RCA No. 31/1988 on the file of Rent Control Appellate Authority-cum-senior Civil Judge, Vizianagaram, dated 26-9-1998 dismissing the appeal and confirming the eviction order dated 22-8-1988 passed by the learned Rent Controller-cum-Principal District Munsif, Vizianagaram, in RCC No. 61/1980 is assailed in this CRP, by the legal representatives of the deceased-tenant.

( 2 ) THE respondent-landlord filed the eviction petition against the original tenant mainly on two grounds viz. , (1) bona fide requirement of the demised building for personal occupation; and (2) acts of waste and damage to the building. The petition is resisted by the original tenant, who died during the pendency of the petition, before the Rent Controller. In the counter filed on his behalf both the grounds are denied.

( 3 ) THE parties went for trail with the above pleadings. While so, an Advocate-Commissioner was appointed to see and assess the acts of waste attributed to the tenant. The Commissioner submitted a report stating not only regarding certain damage, but also regarding a Sweat-Meat Shop being run by a third party and main hotel also being run by another party. B

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