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1983 Supreme(AP) 69

SARDAR ALI KHAN
S. Bikshapathi – Appellant
Versus
N. Lakshmana Rao – Respondent


SARDAR ALI KHAN, J.

( 1 ) THIS Civil Revision Petition is directed against the order dt. 19-4-82 in R. A. No. 85/1977 passed by the chief Judge, City Small Causes Court, hyderabad confirming the order of eviction of the revision petitioner passed by the Court of the Rent Controller, Secunderabad in R. C. No. 279/ 1975. Both the Courts have given a concurrent finding that the petitione herein has committed wilful default in payment of rents and was, therefore, liable to be evicted from the suit mulgi. The plea of the petitioner tenant that he effected repairs to the premises was turned down and it was held that he had no right to withhold the payment of rents on the pretext of of fecting repairs. He was held to be a chronic defaulter in payment of rents for the period from 1-5-1974 to 31-5 1975. A perusal of the order of the lower appellate Court reveals that the claim of the petitioner that he has incurred this expenditure for effecting repairs to the premises has not been substantiated by any oral or documentary evidence. The Supreme Court has laid down in Sri Raja Lakshmi Dyeing works vs Rangaswamy (A I R 1980 supreme Court, P. 1253) that a concurrent finding based on evidence sho






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