A.GOPAL RAO
T. S. Prakash – Appellant
Versus
Xavier Emmanuel – Respondent
( 1 ) TENANT is the petitioner. The lower court ordered eviction of the petitioner from the petition schedule premises on the ground that he committed wilful default in payment of rents for three months viz. , July 1987 to September 1987 and also on the ground that first respondent landlord bona fide requires the petition schedule premises for his personal occupation. Second respondent- herein, who is the co-owner of the petition schedule premises along with the first respondent herein, got herself impleaded as a party petitioner in the eviction petition. She filed a petition in the lower court, stating that she has not instructed the first respondent herein to file the eviction petition and the first respondent, being only a sharer of the property, cannot evict the petitioner, from the petition schedule premises - the tenant. The second respondent herein had already filed a suit, O. S. No. 635 of 1985 on the file of the III Additional Judge, city Civil Court, Hyderabad, for partition of the suit schedule property and for separate possession of her share and that suit is pending.
( 2 ) LEARNED Counsel for the petitioner/tenant has raised two points. Firstly, he subm
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