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2010 Supreme(AP) 730

L.NARASIMHA REDDY
Mohammed Afsar Pasha – Appellant
Versus
Noor Us Sohel – Respondent


Advocates appeared:
For the Petitioner:Basith Ali Yavar, Advocate.
For the Respondent:Mohammed Adnan, Advocate.

Judgment

1. Respondent is the owner of premises bearing No.12-2-225, situate at Murad Nagar, Hyderabad. She is residing in a substantial part of it.

A mulgi, carved out of the premises, was given on rent to the petitioner for nonresidential purpose. Respondent filed R.C. No.391 of 2006 before the IV Additional Rent Controller, Hyderbad under Section 10 (3) (c) of the Andhra Pradesh Buildings (Lease, Rent & Eviction) Control Act (for short 'the Act') for eviction by pleading the grounds of wilful default in payment of rents and bona fide requirement of the premises for additional accommodation. The R.C. was opposed by the petitioner. Through judgment dated 17-04-2009, the learned Rent Controller rejected the ground of wilful default, but allowed the case on the ground of additional requirement. Aggrieved thereby, petitioner filed R.A. No.62 of 2009 in the Court of the Chief Judge, City Small Causes Court, Hyderabad. The appeal was dismissed on 18-06-2010. Hence, this revision under Section 22 of the Act.

2. Sri Basith Ali Yavar, learned counsel for the petitioner, submits that the premises in the occupation of the petitioner is under non-residential use, whereas the plea of the resp










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