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NYAPATHY VIJAY
Talluri Anandamma, W/o T. Ranganatham – Appellant
Versus
Adakambaru Srinivasulu, S/o Govindaswamy – Respondent
ORDER :
Nyapathy Vijay, J.
1. The present Civil Revision Petition is filed under Section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 questioning the Order dated 13.06.2013 in R.C.A.No.9 of 2011 passed by the Principal Senior Civil Judge, Nellore confirming the Order dated 13.06.2013 in R.C.C.No.35 of 2006 passed by the Rent Controller-cum- Principal Junior Civil Judge, Nellore.
2. The parties are addressed as landlord and tenant.
3. The R.C.C.No.35 of 2006 was filed by the landlord seeking to evict the tenant. It is the plea of the landlord that the tenant joined in the schedule premises on 05.03.2003 for a period of 2 years on a monthly rent of Rs.1,650/-. On expiry of 2 years, the tenant requested the landlord for continuing him as tenant for one more year till 05.03.2006 on a monthly rent of Rs.1,900/- and the landlord agreed for the same. Subsequently, the lease was further extended for another 6 months. Thereafter, the landlord requested the tenant that the premise is required for the job work of her second son. On such request, the tenant requested the landlord to adjust the rent of Rs.1,900/- per month out of the advance of Rs.12,000/- paid by
Senior citizen landlords are entitled to immediate possession under Section 10C of the Act without needing to prove bona fide requirement as strictly as under other provisions.
The landlord's bona fide requirement for eviction under the Act is valid, and the tenant's claims of alternative premises do not negate this requirement.
Tenants' claims of ignorance regarding ownership were dismissed; willful default established due to failure to pay rent despite knowledge of landlord's rights.
Landlord's bona fide need for property doesn’t require dire necessity; tenant's livelihood claims must prove attempts for alternative accommodations.
The judgment emphasizes the importance of regular rent payments and compliance with deposit rules by tenants, and it upholds the rights of illiterate landlords to property use.
Eviction under Section 11(3) necessitates proving a genuine and bona fide need, distinct from mere whimsy, emphasizing the burden of proof on landlords.
Point of Law : Law is well settled that in absence of any evidence regarding payment of rents or that procedure as laid down under Section 8 of the A.P. Buildings (Lease, Rent & Eviction) Control Act....
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