( 1 ) THIS revision is directed against the judgment and decree dated 31-1-1992 passed in R. C. A. No. 108/ 82 on the file of the Subordinate Judge at Vijayawada reversing the order of the Rent Controller in R. C. C. No. 31/81.

( 2 ) THE facts in brief are as follows: The respondents (sic. petitioners) 4 and 5 herein and their brother late rajakumar Sharma whose legal representatives are petitioners, 1,2 and 3 (for the sake of convenience called as land-lords hereafter) filed the eviction petition R. C. C. No. 31/81 under Section 10 (2) (i) and Section 10 (3) (a) (iii) (a) of a. P. Buildings (Lease, Rent and Eviction) Control Act (Act 15 of 1960) (hereinafter called as the act ) on the grounds of wilful default in payment of rent and also on the ground of requiring the building for starting the existing business carried on by them in the non-residential premises let out to the respondent herein (referred as tenant ). The tenant resisted that application 5 by filing a counter denying the allegations made in the petition. During the trial, the 5th petitioner herein was examined as P. W. I and Exs. A-1 to A-5 were marked. On behalf of the tenant, its proprietor by na