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1992 Supreme(AP) 276

I.P.RAO
Abdul Rahim – Appellant
Versus
Srinivasa Dyeing Works – Respondent


IMMANENI PANDURANGA RAO, J.

( 1 ) THE sole tenant is the petitioner herein. The eviction petition was filed in the year 1972 on the grounds of wilful default in payment of rent and bona fide personal requirement. The learned Rent Controller holding that the ground of bonafide personal requirement was not established and that there is no wilful default in payment of rent, dismissed the eviction petition. On appeal, the learned Principal Subordinate Judge, Vijayawada who is the appellate authority held that the firm of which the minor is a partner, requires the premises bonafide for personal occupation and that there is also wilful default in payment of rent. He accordingly allowed the appeal and ordered eviction.

( 2 ) WHEN the civil revision petition came up for hearing on an earlier occasion, k. Jayachandra Reddy, J. (as he then was) agreed with the appellate court holding that the premises is bona fide required f6r the occupation of the first landlord-firm (for short "the firm" ). Though the learned Judge observed that there is no categorical finding with regard to the wilful default for the disputed months of December, 1971, January, 1972 and February, 1972, dismissed the civil R























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